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On The Prosecutorial Supervision Of Investigatory Activities Implemented By Public Security Organs

Posted on:2019-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ChenFull Text:PDF
GTID:2416330572957009Subject:Law
Abstract/Summary:PDF Full Text Request
Investigation supervision is an important part of legal supervision.As a public power that can restrict the freedom of citizens' personal and property rights,the police's investigation power can easily be abused if it cannot be effectively supervised and restricted.China's criminal procedure law has been continuously improved.The inspection authorities now have the right to inspect and verify and review and supervise.However,in judicial practice,the inspection authorities face some problems in performing reconnaissance and supervision.For example,the scope of investigation supervision is too small,and the investigation supervision means lacks rigidity and authority.The intensity of supervision has been limited,and the effect of supervision is not obvious.This makes the procuratorial organs' ability to investigate and supervise the public security organs unable to perform their intended functions in practice.The first part mainly expounds the basic principle of procuratorial organs'investigation and supervision to public security organs.This chapter is divided into two sections,respectively elaborating the connotation and attribute of police's investigation power and the basic connotation,attribute and function of procuratorial organs' investigation and supervision to public security organs.The purpose of this chapter is to demonstrate that the investigative power of the public security organs is guaranteed by the state coercive force,which has the dual attributes of "administration" and "justice" and is easy to be expanded and out of control in the implementation process,so as to illustrate that the procuratorial organs play the function of investigation and supervision.It is appropriate and necessary to supervise and restrict the investigation activities of the public security organs.The second part of the article mainly discusses the present situation,existing problems and causes of procuratorial organs' investigation and supervision to public security organs.This section is divided into two sections.The first section starts with the legislative status and elaborates the contents and measures of procuratorial organs' investigation and supervision of public security organs in China-Described in the first quarter in the second quarter,on the basis of pointed out our country procuratorial organs to public security organs of the existence of investigation supervision,such as the investigation scope is too narrow,supervision way behind a single,supervision and the effect is not obvious,can not reach the desired effect,finally from the location and investigation supervision of procuratorial organ to analyze the cause of the concept of two aspects.The third part of the article mainly aims at the problems raised in the article and puts forward the Suggestions of procuratorial organs in China to improve the investigation and supervision of public security organs.Under the background of judicial reform,the author puts forward improvement Suggestions from the two aspects of "top-level design" and "law of repair".From perfecting the system of the top design,it is suggested that further define the nature of investigation supervision and judicial nature,set up the idea of "centering on the trial",build the new mapping relations,perfecting the prosecutors case lifelong responsibility system,with responsibility for reversed transmission supervision,establishing the criminal case information sharing mechanism,set up a tour agencies,synchronization supervision,etc.From the perspective of improving legislation,the scope of investigation supervision should be appropriately expanded,the means and measures of rigid supervision should be strengthened,the operational standard of the investigation in advance should be improved,the mechanism for removing illegal evidence should be improved,and the necessary review mechanism for custody should be strengthened.
Keywords/Search Tags:Procuratorial organs, The police authority to investigate, Investigation supervision
PDF Full Text Request
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