Study On Jurisdiction Regulation Of Investigation Power

Investigation is the basis on which facts of criminal cases could be identified correctly and convictions and punishments could be commenced precisely.Moreover,since the power of investigation is initiative and mandatory,once it is used incorrectly,the counterpart would be influenced badly.Therefore,it is necessary to regulate the power of investigation.Now our country regulates the power of investigation by inside supervision of investigation organization and supervision of procuratorial organs,however,due to the administration structure of investigation organization and the integration of procuratorate and police,the present supervision means are not enough to promote effective supervision.Above all,it is not hard to find that it is significant to research the supervision of the power of investigation that not only could enhance the normalization of the operation of power,reduce the probability of wrongful convictions,but also could change the present investigation-focused litigation mode in our country.More importantly,it could put the legal idea,such as protection of human rights,balance of power and so on,into criminal juridical practice.For this reason,we should try to improve the supervision system of the power of investigation from juridical supervision.It has been a common-adopted mean to supervise the power of investigation by juridical supervision that includes writ,restraining order and others.But by now,the juridical supervision in our country is limited in trial stage and it is presented as excluding illegal evidence and improving statue laws.We can say that there is no juridical supervision focusing on systematization of the power of investigation.This article defines the related basic concepts of juridical and investigate power,analyses the legal principles basis on which execute juridical supervision on the power of investigation.Also,this article has an empirical study of present situation of juridical supervision on the power of investigation,and then summarizes the reasons why our country lacks juridical supervision on the power of investigation.Through extraterritorial comparative analysis,this article compares juridical supervision on the power of investigation of two legal systems,combined with our country's reality and finally raises the reform design to improve the mode of juridical supervision on the power of investigation.