Study On Improving Investigation Supervision Mechanism Of Procuratorial Organ Under The Background Of Judicial Reform

Investigative supervision is the power of procuratorial organ authorized by law to exercise supervision,and is the key component of supervision system of criminal proceedings.The code of criminal procedure in 2012 made a great progress on it, made the idea of respecting and protecting human rights the basic principle, regulated the illegal evidence exclusion rules and the judicial review of the pretrial detention, and authorized procuratorial organ to investigate the illegal evidences and notify the investigative agency to correct them, and to review designated residential surveillance etc.. However, the implement of investigative supervision dose not come up to the expectation of the legislation.A increasing number of mistrials and perversions of justice have raised questions about the perfection and rationality of the legislation and judicature since 18 th CPC National Congress.There are a series of problems in judicial practice,that procuratorial organ focuses on fighting criminals and pays less attention on protection of human rights, that the investigative supervision measures are deficient of compulsory force, that legislation are lack of practical regulations for procuratorial organ to intervene in the investigation, and that the scope of investigative supervision is too limited. Therefore,the new round of judicial reform is both opportunity and challenge for improving investigative supervision.Procuratorial organs should be based on "respect and safeguard human rights", comprehensive, multiple points of view of reform, fully involved in the investigation supervision difficult deep water area, and to comprehensive reform challenges, and on the basis of other scholars research and practice, try to find the thoughts of the reform of the procuratorial organs investigation supervision and countermeasures, this paper research the train of thought for design as follows:Part I: Procuratorial organs investigation supervision mechanism. Because there is no final conclusion of the meaning and scope of the investigation and supervision of procuratorial organs in the academic world. This article first through the analysis of the relevant provisions of China’s legislation on the investigation and supervision, define the meaning and scope of the procuratorial organs, and analyze its nature and the value of the prosecution to the investigation supervision mechanism.The second part: Analysis of the current situation and problems of China’s investigation and supervision mechanism. Although the newly revised criminal procedure law improve the contents and means of the investigation and supervision, but the ineffective oversight of the investigation "illness" is still not resolved. Under the current judicial system, procuratorial personnel has not get rid of the old concept of laying emphasis on the crime instead of human rights protection. They lack of the sense of responsibility of the investigation and supervision, due to the lack of unified standards for the operation, The early intervention in investigation of the existing lack of unified operation specification, the scope and content of the investigation supervision remains to be modify and improve.The third part: mainly analyze the foreign practice of the investigation and supervision mechanism, and base on the national conditions of our country to put forward the meaning of reference. This paper analyzed the two investigation and supervision systems of two countries.The Anglo American law system mainly chose the United Kingdom and the United States, the continental law system countries only chose Germany, because the German investigation and supervision system is the most representative. Although "stones from other hills, may attack the jade", but we must keep a sober mind, study abroad system, not to bring in completely,even at the expense of change in China’s current legal framework. We should based on the national conditions and introduce the law system rationally. So this paper puts forward the relevant reference, which is under the premise of not to change the original legal framework.The fourth part: the perfection suggestion of the investigation and supervision mechanism of the procuratorial organs. Under the background of judicial reform, the paper puts forward five suggestions to improve the supervision and investigation mechanism. From the top level design, the paper puts forward five suggestions, establish the system of lifelong responsibility for handling the case, Form the responsibility reversed transmission supervision;Establish the concept of "taking the trial as the center", Build a new Investigation and litigation relationship; Fully cancel the unreasonable judicial assessment, Return to a normal working orbit; Enforce the system and the public security system to achieve information sharing, expanding investigation supervision information sources; Achieve full coverage of the presence of the prosecution, Investigation of the synchronous monitoring. From the reform of the judicial system is the means of the law system, the paper proposed four suggestions, strengthen the effect of "correction of illegal notice", perfect early intervention in the investigation and supervision mechanism, expand the scope of the investigation andsupervision appropriately, detail the technical investigation measures of the supervision procedures.