The Study Of Procuratorial Organ Intervention In The Murder Investigation

In the process of criminal proceedings,Criminal investigation rights,as a tool of one country against and punishing crimes,tend to unfit even tit-for-tat with civil rights.So it is necessary to put restriction and supervision on the investigation power.The existing legislation and practice in our country mainly limit the abuse of investigation power by using the procuratorial organs' legal supervision.But due to the narrow supervision range,the inefficient concrete system,the legal supervision rights of procuratorial organs cannot be supervised and investigated dynamically,affecting the quality of the investigation,the evidence collection,the protection of civil rights and litigation efficiency,therefore,it needs to be improved and strengthened through reform and system construction.the on-site supervision and guiding investigation in the murder is an important reform measure of procuratorial organs.At present,people's attention to judicial activity is very high,and their attention to the murder is even higher.Therefore,we must make the murder sentenced to be standard.Theory and practice's Argument against the murder intervention never stops,despite of many positive achievements in the process,the problems in it still cannot be ignored.The paper begins with the concept of intervention in the murder investigation,historical background and development.By using the method of empirical analysis,the paper demonstrates that intervention in the murder investigation has played a positive role in the procuratorial practice.And by using the method of comparative analysis,the paper try to make it known the international recognition of intervention in the murder investigation pattern.Although the investigation system in our country has made great achievements,there are still some problems in the legislation and practice.This article aims to discuss and solve the problem in four parts.The first part is about the general situation of the procuratorial organ intervention in the murder investigation.First of all,by discussing the scope of the investigation and the theoretical basis of the system,it defines the procuratorial organ intervention in the murder investigation;secondly,this paper expounds the background of procuratorial organ intervention in the murder investigation;finally,it refers to the history of procuratorial organ intervention in the murder investigation.The second part analyzes the legitimacy of procuratorial organ intervention in the murder investigation.First,questions are raised about the legitimacy,then in terms of necessity and feasibility,it gives further analysis.Finally,by studying the running situation and trend of procuratorial organ intervention in investigation abroad,it confirms the legitimacy of China's intervention in the murder investigation.In the third part,through the analysis of the research involved in the murder investigation conducted by the judicial practice in our country,the paper summarize its six major problems existing in the operation.First it is about the lack of legal norms,secondly it refers to some procuratorial organs internal problems,such as a catch-appeal-separation mechanism,insufficient manpower,limited detection ability,and so on,which contribute to the system not working smoothly;Finally it puts forward that the procuratorial organ intervention in the murder investigation mechanism is still not enough specification,which still needs to improve.During the fourth part,in view of the problems mentioned above,the paper tries to give some thoughts about building and perfecting the system of intervention in the murder.First a clear role should be realized,and second a relevant legislation should be improved,the intervention in the murder investigation should be perfect again.Last but not least,a perfect supporting system should be established in the end.All in all,this paper tries to analyze related problems in its practice,based on the study of the theory of intervention in the murder investigation,thus provide some suggestions for further improving the system,the paper might be referable for the legal supervision function of procuratorial organ.