Research On Maneuvering Investigation Right Of Procuratorial Organs

As a basic power of procuratorial organs,maneuvering investigation of procuratorial organs has played a huge role in criminal litigation activities.The amendments of "Code of Criminal Procedure" in 1996,made the maneuvering power of investigation to become legalization. But there are still many problems,restricted the maneuvering power couldn't effect efficiently,so it is necessary to conduct system analysis and research for maneuvering power of investigation of procuratorial organs.The first part describes the overview of maneuvering investigation of procuratorial organs. This article define maneuvering investigation as that it is a power according to the Constitution, the law,when the procuratorial organs think it is necessary to investigate by itself, it can exercise investigation directly.The second part describes the value of maneuvering investigation of the procuratorial organs.It has complementary function,supervision function,start the criminal proceedings and achieve fairness and justice.It can help to improve the current judicial situation.it is a tool to achieve legal supervision.The third part introduces the relationship between procuratorial organs and police.In countries where police and procuratorial organs take integrated mode, the police and procuratorial organs linked closely in the indictment.The countries take discreted mode in relationship between procuratorial organs and police,the prosecution investigation power is very small,but when the procuratorial organs think it is necessary, can conduct the investigation.The fourth part analyzes the problems of maneuvering investigation of the procuratorial organs and summarizes the different attitudes toward maneuvering investigation.In the legislation,the law sets restricted restrictions.It can week the filing supervision,hinder the procuratorial organs improve indictable quality.The last part describes the reform of maneuvering investigation of procuratorial organs.Firstly, reform of the relationship between the police and procuratorial organs.secondly,widen the case scope of the maneuvering investigation power.Thirdly,simplify the start programs. Lastly,clear the constraints on maneuvering investigation power.