On The Prosecutorial Supervision Of Special Investigations

Since the amendment of The Law of Criminal Procedure on2012,China's adjudication model has been gradually shifted to adversarialsystem model from former authority principle.However,the procedure of investigation does not have any change,resulting in a severe conflict between investigation structure and the adjudication model.With the implement of Several Issues Concerning the Examination and Judgment of Evidence in Handling Death Penalty Cases and the introduction of New Criminal Procedure Law,special investigation measures were explicitly brought into the criminal justice field.Special investigation measures are technical,confidential and compulsory.Consequently,they are widely employed by investigative organizations in practice.These measures play an irreplaceable role in fighting crimes,collecting and conserving evidence and saving the cost of investigation;however,these measures also trigger some worries on the violation of human rights.Therefore,all legal states have launched legal regulations to standardize special investigation measures.Nevertheless,because of the authoritarian ideology,the conservation of investigation secrets and evading from supervision and sanction,requirements of law cannot prevent the evidence acquired from special investigation from the conversion in quantity.Furthermore,this conversion makes the system become impractical and erode legal procedures.As an important component of investigation,special investigation is a part which is urgently short of concrete norms.This paper summarizes the legislation and implementation of special investigative measures in China and analyses the specific problems under the rule of law.Besides,the paper proposes the supervision system according with the actual national situation in China through comparison method on the base of foreign cases,which includes that the office of the public prosecutor as the law supervision department supervises the investigation acted by the investigative department.At last,this paper design on the subject,program,and result and hopes to regulate the investigative department's investigation.The first chapter of this article mainly elaborates the special investigation means and supervision of the status quo,at the same time,the writer also illustrates the importance of controlling the special investigation means;The second chapter compares the common law countries each in the civil law system and the special investigation system,The purpose is to illustrate special investigation means and supervision of the status quo foreign;Finally,the third chapter concludes with a summary of China's special investigation of the legislative control and procuratorial supervision.