On The Improvement Of Investigation And Supervision System In China

The purpose of modern criminal procedure is to achieve the balance of criminal prosecution and protection of human rights on the premise of the procedural requirements of legitimacy.The investigation procedure is the first valve of criminal prosecution procedure,and is also the fierce battlefield between public and private power in criminal prosecution procedure.The legalization of the investigative power in the investigation procedure is related to the justification of the prosecution of crimes,to the cause of human rights protection and the realization of the purpose of criminal proceeding.Therefore,the study on improving the system of investigation and supervision is,in a sense,the key to legalize criminal procedure.The study of improving the system of investigation and supervision is a systematic proposition.If we want to explore a path for this,the precondition is to probe into the power of investigation and the right of investigation and supervision theoretically.Based on the analysis of the substantive attributes of investigative power,it is concluded that investigative power possesses the feature of administrative power.And concept of investigation and supervision is defined,and the object and scope of investigation and supervision is specified,and macro and micro values of improving the investigation and supervision system are obtained.On the premise of knowing the basic theory,this paper studies the operation and practice of investigation and supervision system in China,and concludes that investigation and supervision system is mainly active in areas like case filing,examining and arrest and investigation activities.The research found that the current system of investigation and supervision in China has 5 main defects:narrow scope of investigation and supervision,passiveness of investigation and supervision,lag of investigation and supervision,singleness of ways of investigation and supervision,and weak investigation efficacy.The reasons for these drawbacks are,firstly,the deficiency of legislation,being too abstract,and hysteretic,secondly that it emphasizes too much on cooperation with police,deviating from the idea of investigation and supervision,and thirdly that it overemphasizes arrest rate,conviction rate and other unscientific assessment indicators.On the basis of the above research,we explore complete measures and paths that suit the system of investigation and supervision in China.On the one hand,a perfect path from the legislative level should be put forward.The legal rules of investigation right should be strengthened and improved,putting the investigation right into the "cage" of the law,and legislation also need to be improved in terms of specifying the status of supervision,expanding the scope of supervision,enriching the way of supervision and improving the effectiveness so as to enhance the pragmaticality of supervision.On the other hand,setting the system construction and improvement as a point-cut,the idea of building a quasi-judicial review system should be put forward.First of all,feasibility and necessity of quasi-judicial review system are proved.Secondly,the concrete structure of this system is explained,forming procuratorial organs' status as the subject of reviewing,and limiting the scope of the review on detention,arrest,designated residential surveillance,search,distrain and interception.The content of reviewing is subject to legality.It contains a variety of ways,such as reviewing before during and after the event,and according to the different levels of violation of the law determines different handling mechanisms.Finally,in order to cooperate with the implementation of the investigation and supervision system,corresponding supporting system has been deployed.First,the channels to obtain the clues for investigation and supervision are expanded and enriched so as to ensure the full and timely supervision of the power of investigation.Second,the protection of the rights of criminal suspects and defense lawyers is strengthened,developing a joint force to restrict operation of the investigative power reversely.Third,the system of judicial assessment is improved scientifically and rationally,and the positive role of stimulating investigation and supervision is played.The study on investigation and supervision system has great theoretical significance to the enrichment and perfection of the theory of criminal procedure,and at the same time it is in line with the current tide of strengthening the protection of human rights,providing important reference value for current reform of procuratorial system.