Research On Reasonable Allocation Of Investigation Power In China

The allocation of investigation power is the foundation and basis of constructing investigation system.The reasonable allocation of investigation power is not only related to the balanced operation of public power and private power in criminal judicial activities,but also directly affects the fair,efficient and authoritative operation of criminal judicial activities when the total amount of investigation is fixed.At present,due to the unreasonable allocation of investigation power and the lack of effective restriction in our country,it leads to the abuse of investigation power,easy to infringe the legitimate rights and interests of criminal suspects and defendants,and the investigation efficiency is not high.Therefore,to reasonably allocate the investigation power,we should not only fully protect the legitimate rights and interests of the suspects and defendants,but also improve the investigation efficiency.We should pay attention to both punishment and guarantee,give power and limit power,and strive to make the investigation power run efficiently on the track of rule of law.The first part of this paper starts with the concept of investigation and investigation power,compares and analyzes the system mechanism and experience of the exercise of investigation power in foreign countries,and sums up the content and value orientation of the reasonable allocation of investigation power in China.The second part discusses the nature and characteristics of the power of investigation in China.First of all,this paper makes a full analysis of the nature of administrative power,judicial power and dual nature of investigation power.This paper holds that investigation power has dual nature.Secondly,it discusses the characteristics of efficiency priority,prosecution,expansion,relative independence and objectivity of investigation power.The discussion of the connotation,value orientation and nature of investigation power lays the foundation for the rational allocation of investigation power.The third part discusses the problems in the operation of investigation power,such as the unclear jurisdiction,the defect of returning supplementary investigation and the lack of effective restriction of investigation power.The fourth part puts forward suggestions and possible working methods.There are some problems in investigation jurisdiction,such as unclear investigation jurisdiction,normalization of designated jurisdiction and conflict or lack of investigation jurisdiction in information crime.From the reasonable distribution of investigation power and the construction of investigation integration system to solve this problem.There are some problems in the operation of supplementary investigation in the stage of examination and prosecution,such as excessive dependence on the return of supplementary investigation,little use of self supplementary investigation,even idle.On the one hand,we should stipulate more detailed procedures of returning and supplementing investigation and control the rate of returning and supplementing;on the other hand,we should promote the procuratorate to establish an effective self investigation mechanism.The investigation power has not formed the effective joint force and lacks the effective restriction.This paper attempts to strengthen the supervision ability and the supervision authority of the procuratorial organ from three aspects: expanding the scope of the investigation supervision,constructing the quasi judicial review system and improving the investigation system of leading major cases,strengthening the joint force of the public security organ and the procuratorial organ based on the prosecution function,and giving full play to the origin of the procuratorial organ The power of supervision is to promote restriction by supervision.