Study On The Investigation And Supervision System Of The Public Security Procuratorate

The People's Procuratorate,as the legal supervision organ clearly positioned by our Constitution,has both the function of public prosecution and supports the litigation process together with the three major political and legal organs of the public security organs and the courts.The deepening reform of the litigation system needs the effective exertion of the functions of the People's Procuratorate,as well as the guarantee and effective implementation of the legal supervision organ of the People's Procuratorate.In order to consolidate the relevant functions of the legal supervision of the People's Procuratorate,the Supreme People's Procuratorate has successively launched a series of measures to ensure that the legal supervision function of the procuratorate is carried out in practice,gradually improve the complete mechanism of investigation and supervision for the investigation and supervision of the relevant activities of the public security police station,and implement the pilot practice of investigation and supervision assigned to the public security police station in several provinces and urban areas,with a view to reversing the deficiency of the supervision of the existing investigation activities of the procuratorate and strengthening its supervision function.As a great initiative of the investigation and supervision mechanism,the practice of the investigation supervision system assigned to the public security procuratorate is in line with the requirements of the reform of the litigation system centered on trial,and also takes an important step in the construction of the big prosecution.The investigation and supervision system of the public security procuratorate is studied,including the following five parts:The first part is the value concept of investigation and supervision posted to the public security procuratorate,which is mainly carried out in the aspects of prosecutorial guidance investigation,new type of police-checking relationship,optimizing investigation and supervision and handling pattern,legal efficacy,protection of human rights,fairness and justice,etc;The second part is the realistic need of setting up the investigation and supervision mechanism assigned to the public security procuratorate,comparing the concept of value,exploring the realistic needof of the station from the status quo of investigation activities,and talking about the realistic need of the setting from the perspective of public security,procuratorial organ and trial center,including the need of time and space for early intervention,the need for rational use of hardware and software facilities,the dynamicness of investigation supervision and the need to overcome the lag of investigation supervision;The third part expounds the problems and analysis in the practice exploration and practice process of the public security procuratorate stationed in Our country,including the practice process and related conditions of the public security procuratorial office,and then discusses the legal system,setting conditions,rigidity,efficiency and mixing problems that arise in the public security procuratorate,and analyzes the reasons for it;The fourth part expounds the different references of the relevant countries and regions outside the domain,for the different aspects of the optimization of the investigation and supervision needs of our country's public security procuratorate,expounds the extraterritorial experience of the French command and investigation power,the supervision of Russian investigation activities,the prosecution sub-group and the director prosecutor system in Taiwan,and provides a strong reference for our country to improve the investigation and supervision system of the public security procuratorate stationed in China.The fifth part relates to the perfection of the investigation and supervision of the public security procuratorate stationed in China,which expounds the perfect path from the aspects of legal regulation,organization and personnel construction,technical support,emphasis on evidence and procedure construction.