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The Improvement Of Investigation Supervision System In China Under The Background Of Supervision System Reform

Posted on:2021-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z J ShangFull Text:PDF
GTID:2416330605958727Subject:Law
Abstract/Summary:PDF Full Text Request
Legal supervision of criminal investigations in accordance with the law is the legal authority given to the People's Procuratorate by China's Constitution and the Criminal Procedure Law.In practice,the People's Procuratorate has played an important role in regulating investigation activities,preventing cases of wrongs,false and wrongs,and protecting human rights by performing investigation and supervision duties.With the advancement of the reform of the national supervisory system,most people's procuratorate's powers for investigating crimes in duty are transferred to the supervisory committee.This will undoubtedly have an important impact on the investigation and supervision functions of the people 's procuratorate.The status is questioned,and the means of investigation and supervision may be further softened;on the other hand,the transfer of functions also makes it possible for the People's Procuratorate to strengthen the function of investigation and supervision.Based on the reform of the national supervisory system,this article analyzes the basic theory of the investigation and supervision system,analyzes the current situation and main problems of the investigation and supervision system in China,discusses the challenges and opportunities of the transfer of functions of the People's Procuratorate to investigation and supervision,and proposes to improve Countermeasures of Investigation Supervision System.This paper consists of four chapters:The first part:the basic legal principles of investigative powers and investigative supervision systems.First,explain the concept and characteristics of the power of investigation,and on this basis,explain the theoretical basis of the investigation supervision system.The second part:Review of China's investigation and supervision system.By analyzing the legal provisions on investigation and supervision in China's Criminal Procedure Law,this article believes that the focus of investigation and supervision is not prominent,the time of investigation and supervision is lagging,the methods of investigation and supervision are weak,the channels for obtaining information on investigation and supervision are inadequate,and the rights relief is difficult.main problem.The third part:Challenges and opportunities faced by the procuratorial organs'investigation and supervision system under the background of the supervision system reform.The challenges faced by the investigation and supervision system are that the constitutional status of the procuratorial organ "national legal supervision organ" has been questioned,investigation and supervision methods may be further softened,and the internal functional organs of the People's Procuratorate are facing new adjustments.The transfer of functions also provides opportunities for the People's Procuratorate to strengthen investigation and supervision,including:the transfer of official crime investigation power is conducive to highlighting the investigation and supervision function of the procuratorial organ.The fourth part:Countermeasures to improve China's investigation and supervision system.Including:constructing a procuratorial review system for compulsory investigation measures,establishing a procuratorial organ to guide the investigation system,expanding the informed channels for investigation and supervision,strengthening the rigidity of investigation and supervision methods,and improving the connection mechanism between procuratorial and supervisory organs for handling crimes.
Keywords/Search Tags:Reform of the supervision system, Procuratorial organs, Investigation and supervision, Challenge and opportunity
PDF Full Text Request
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