Research On The Investigative Supervision Power Of Coercive Measures

The investigation process not only bears the responsibility of punishing crimes,but also relate to the protection of human rights.Especially in the process of the investigation,the use of coercive measures in practice often cause arbitrary detention and arrest,extended detention,disguised detention,torture and other serious violations.Therefore countries in the world strengthen the supervision and control of the investigation activities.In our country the research on the investigation supervision power of coercive measures is unsystematized both at the legislative level and judicial practice,so it is urge to reform.It is high theoretical value and practical significance to research the investigation supervision power of coercive measures under the background of the times of protecting the rights of criminal suspects and the impetus of "Zhao Zuohai case" and "Nian Bin case".Based on the legislation and judicial practice,analyze in-depth the dilemma of the prosecution's investigation supervision power of coercive measures,and make preliminary exploration combined with the practice of China's judicial reform.The thesis is divided into five parts:The first chapter is the preface,which mainly introduces the theoretical and practical value of the research,the present research situation and the research trend.In the second chapter mainly discriminates the basic concepts around the coercive measures,the power of investigation and the investigation supervision power,and analyze from the concept,content and logical relationship,to solve the problem of basic concept.It elaborates the theoretical basis of the investigation supervision power,mainly selects four kinds of mainstream theories,such as decentralization,limited power,procedural justice and protection of human rights,to solve the legal and rationality problem from the analysis of the theory.The third chapter lists four typical mode of investigation supervision power of coercive measures,analyze the rationality of the power of investigation supervision from the allocation of power,and introduce the judicial review system in Anglo American countries under the mode of procuratorate and the police seperation,the pretrial judge system of civil law countries under the integrative mode of police and the pretrial judge system and the model of Russian dual leadership,and focus on the analysis of related legislation,operation status and existing problems of China's procuratorial investigation supervision power mode,at last make a summary of the development trend of the the investigation supervision power of coercive measures under the background of global reformation and point out that judicial control has become a widely accepted model.The fourth chapter carries on the third chapter,focus on the analyze the problemsand deep-seated reasons relate to the investigation supervision power of coercive measures of procuratorial organs in our country with a large amount of data.It is not only because of the diverse of power procuratorial organs,but also the conflict of power,both making the power is not clear.The fifth chapter based on the the analysis of theory and practice in previous chapters,trying to reshape China's investigation supervision power of coercive measures.It advised that by perfecting compulsory measure system,and with the aid of judicial reform,the introduction of judicial review mechanism,the establishment of relevant supporting facilities,to solve a series of problems in the problem from the source.