Research On Investigation And Supervision Of Procuratorial Organs In China

In our country,although investigative power exercised by investigative organs has its legitimacy and legitimacy,the initiative and expansion of investigative activities determine that investigative power is easily abused.Therefore,in order to ensure the correct exercise of investigative power,it is necessary to restrict the investigative activities and supervise them through the establishment of litigation procedures.China's Criminal Procedure Law and other laws have stipulated the investigative powers and procedures of the investigative organs,and established the investigative supervision system of the procuratorial organs.Judging from the practice of criminal procedure,the exercise of the investigative supervision power of procuratorial organs has played a positive role in regulating the exercise of investigative power of investigative organs to a certain extent,effectively preventing the occurrence of unjust and false cases,and safeguarding the legitimate rights and interests of citizens.Among them,the correction of Wang Yulei's suspected intentional homicide case in Shunping County,Baoding City,Hebei Province can be said to be atypical case in which the procuratorial organ's investigative and supervisory role can be brought into full play.But at the same time,we should also note that due to the imperfection of legislation itself,and the inherent problems of the relationship between procuratorial organs and investigative organs in criminal proceedings have not been really solved,there are also many problems in the investigation supervision of procuratorial organs in China,such as insufficient binding means of case filing supervision and limited sources of clues;The scope of investigation supervision is narrow;the means of investigation supervision are single and insufficient rigidity;the change of compulsory measures after arrest lacks supervision,etc.To some extent,the existence of these problems hinders the effective exertion of the investigative and supervisory functions of procuratorial organs.Therefore,the author believes that it is necessary to explore and improve countermeasures through in-depth study of investigation supervision in China.These countermeasures mainly include: further strengthening the awareness of investigation supervision of procuratorial organs,improving the relevant laws and regulations of investigation supervision of procuratorial organs,improving the supervision of criminal filing links,and building a clear-cut supervision level.Means to establish a new type of relationship between prosecutors and police.