The Judicial Control Of Duty-related Crimes Investigation In Our Country

The criminal procedure of our country pursues "the theory of litigation stages"rather than "the trial-centered theory".Under the framework of litigation stages theory,The five stages of the criminal prosecution correspond to the five powers:the Power of filing,The power of investigation,the indictment power,the judicial power and the executive power.In judicial practice,The most important power of these five powers is the power of investigation.the Power of filing is scattered and the modern criminal procedure law from the source has basically solved the problem of filing difficult.The filing supervision procedure to the problem of the case should not be filed or the case should be filed has been relatively perfect,coupled with the filing registration system of judicial reforming,filing has no major problems.The power of investigation is undoubtedly the most important and influential power,because the investigation is the source of the factual evidence,which determines the future of the whole case.the indictment power weights in the form of review,which will carry out As long as the conditions are ripe.Although the judicial power is the key of the decision,it is a relatively stable and predictable power.The executive power is the implementation of the judicial power,and there should be no room for discretion.In contrast,the power of investigation is the biggest variable and uncertainty,it is not only related to the fact that the identification of evidence,but also the most vulnerable to violations of individual rights of citizens,the power of investigation should be well supervised and restricted.However,there are two different forms of the power of investigation in judicial practice in China.A kind of criminal investigation power is the Police investigation power,which can be considered to be well supervised,Because it's people'procuratorate organs who supervises it.The other one is similar to the power of the duty crime detection,facing the embarrassing situation of "self investigation" and"self supervision".It can not be concluded from the theoretical level and people have reasonable doubt from the realistic level.Of course,there are a variety of internal supervision of procuratorial organs,but this does not preclude the lack of supervision about this system,because any organs have the self supervision mechanism,and it is mainly thought to the performance of the external supervision and balance of power.Great changes have taken place in the world.Strictly administering the party,investigating crimes and other efforts to increase the intensity of the unprecedented,Lack of supervision,the power of investigation of the crime is inevitable expaning.the pattern of duty crime investigation has already shown the situation which is not suitable for our country's basic national conditions.If we do not reform,it will hinder the development of our country's productive forces.As a young student of Wuhan University,we should make contributions to society as our duty.We dream that we can set up a complete system of judicial control over the investigation of the duty crime in our country.On the one hand,the duty crime detection power is easily expaning,we should establish a good judicial control system.on the other hand,The duty crime investigation power in China may have its rationality,the choice and our judicial control system will be different from the outside of the system.This is the argument of this article.In this paper,a lot of in-depth rational analysis explain some immature conclusions.I sincerely hope your generous criticism to improve my article.First,the reform of duty crime investigation power should be based on the retention of local resources.We can absorb the spirit of the extraterritorial control theory or Self innovation,But either way,it's a long process and a protracted war.In addition,the law clearly gives prosecutors the right of judicial review and this is a legislative tendency.It is to make up for the vacancy of the judicial control of the current investigation of the duty crime and to prevent the abuse of power.Second,Our country governs the country according to law and the goal is to build socialism with Chinese characteristics.The spirit of rule of law is to protect the rights and restrict the power.Any power is a double-edged sword.It can become the God of the people and it can also become a nuisance of evil,so our world require separation of powers.The premise of decentralization is that the power is relatively independent.good decentralization will lead to a better situation of good law and good governance.In the field of criminal procedure,the power of investigation is a kind of power which is related to the progress and trend of the whole criminal procedure,so the power of investigation should be well supervised and checked.If the supervision of procuratorial organs is very good to the police power,their own supervision of duty crime investigation has no the basic independence premise.Taking all the facts into consideration,This task of supervision should be handed over to the people's court.Third,in the world,efforts to combat duty crimes continue to increase.With China's strict party discipline,eliminating corruption crime is going into a new normal and the investigative power of duty crime is expanding.Of course,this also confirms the inherent historical inertia of power expansion.So the research on control of duty crime investigation is a realistic problem of our country based on the basic situation of the country.It is related to political stability and national long-term management governance.In the new background and the complex international and domestic situation,the high pressure situation of anti-corruption and the protection of human rights leads to this article seems to be a new issue.Fourth,the judicial control of duty crime investigation is both advantages and disadvantages.The establishment of this system has certain rationality,but it also has its inherent defects,and it is not applicable in our country's judicial soil.The development route should be gradually improved while retaining the native resources,absorption of foreign reasonable core of judicial control,rather than simply imitating or copying.On the one hand,we can construct the visible justice framework,on the other hand,we should improve the details,and achieve the original intention of the system design and the ideal.This is also a long-term goal and lofty ideals.It needs to focus on a small contradiction in a criminal procedure to explore and strive for fulfilling the task through a modest reforming strategy.Fifth,In the stage of investigation,The power of coercive measures to the object being investigated is actually a kind of judgment power.All coercive measures should be after a formal referee.If it's out of the court judge issued a legal document by the intelligence agency taking all this power,it is likely to go towards inquisitorial type linear structure errors.Due process and judicial reform program,in a sense,is a tool to deprive the interests of the weak party.Sixth,the reform for duty crime investigation of the judicial control should retain local resources,while absorbing the essence of decentralization balance.Although the experience of extraterritorial judicial control has a perfect external form,in the existing soil in China,the western experience is a waste of judicial resources.Giving procuratorial organs great judicial review power and asking prosecutor abiding the objective obligation is a great success.this reform has achieved good results.Seventh,the prosecutorial power is administrative power with judicial color.The procuratorial organ is the name of the judicial but administrative power in essence.we should not rigidly adhere to the foreign experience and we can not ensure a writ without danger of anything going wrong.Therefore,China's gradual reform of the"Chinese experience" is worth being promotedWhat is the future of the judicial control of the duty crime investigation?This is indeed a topic worth pondering.We should dare to reform and achieve success.first of all,Based on the situation of our country,the judicial control is a long-term goal and a correct goal.A long-term plan should be set up.It is necessary to attach importance to the exploration of theory and the examination of practice.The reform can not be accomplished overnight.It is significant to find out the correct way to meet the needs of our country and conform to the people's needs.Secondly,Such as search,seizure,freezing and so on,involving individual's rights and property interests,These acts of investigation itself has a "disposition",it is necessary to be able to go through the judicial judgment.The practice of our country is different from that of foreign countries,and the nature of the investigation needs to be reconsidered in the theoretical circle.Thirdly,At present,China is trying to establish a supervisory committee system,so whether the committee 's strong power need judicial control?Proceed from the one to the other,this kind of power also needs to be well supervised,and the theoretical basis is still the power restriction thought,the due procedure idea and so on.Finally,The future of our country's power control may be from"investigation supervision" to "judicial control",that is to say,from the current procuratorial organ's supervision of investigation power to the judicial control path of investigation power.As to clarify the future China prosecution function and trial function is in accordance with the rules of procedure development.whether the external form of judicial control discipline or internal self discipline of judicial control in essence,is the right direction,should be upheld.