Research On The Allocation Of Investigation Powers By Procuratorial Organs From The Perspective Of Legal Supervision

The substance that's researching on the allocation of investigative power of procuratorial organs comes from the great need for judicial practice in today's China.Legal supervision of procuratorial organs is different from the other modes of power supervision.The biggest difference is that legal supervision dosen't eye on the accuracy or adequacy of power exercising,but Legality judgment.The foundation of the judgment bases on understanding and mastering the process of law enforcement where the illegal facts should be found and attested.The investigation power is essential to the implementation of the procuratorial authority.However,So far the people's procuratorate is always short of the channels to find out the illegal facts in the existing laws and regulations.Special detection means are only allowed to used for duty crimes.No matter how serious the illegal behavior is,the people's procuratorate can adopt the normal investigation means,instead of special detection means.And the law has not given prosecutors such an authorization of investigation means.No investigation,no right to supervise in accordance with law.In the judicial practice,some procuratorial departments in different places are taking the way of cut corners to use investigation means.Growing demand for justice is conflicting with the serious lag of the law.Along with the function of the people's procuratorate expanding,Procuratorial organ judicial cases are more depending on the investigation means.This article will state the necessity and principle and way of the procuratorial investigation means on the basis of analyzing the status quo.