Research On The Scope Of Investigation Power Of Procuratorial Organs Under The Supervision System Reform

With the new proceeding of the revolution of Supervisory System,the procuratorial authority's power of investigation has been changed greatly.Violent controversy of the investigation scope of the procuratorial authority has happened between the theoretical realm and practice circle.Even after the publishing of the Supervision Law of the People's Republic of China and Criminal Procedure Law of the People's Republic of China,such argument has still liked a raging fire.Previously,a wonderful academic debate of the nature of the investigation power has already been discussed,however,this discussion has merely focused on the nature itself and neglected other problems.Only a few of scholars have realized the scope of the investigation power of the procuratorate,but they still fail to figure out this problem distinctly.With the high speed development of our country's legal construction and judicial level,we have a better understanding with this problem.There are five parts herein to study the procuratorate's investigation under the reform of supervision system.In first part,it introduces the background and significance of the topic as well as the research methods.Besides,it also introduces some academic viewpoints of the scope of procuratorate's investigation.In second part,it discriminates the concept of investigation and sorts out the history of the change of modern procuratorate's investigation scope,in order to make a deep understanding of the research topic.In the third part,it shows the specific extent of jurisdiction and particular jurisdiction charges of the office of the public prosecutor,including the direct investigation power and the supplementary investigation power as well as the mobile investigation power.What's more,it attempts to discuss the problem relating to the overlapping jurisdiction of a crime between the investigation organizations.In the fourth part,it explains the common principle and theories behind the setting up of the procuratorate's investigation scope and summarizes the influencing factors of the investing range under the reform of supervision system.In the fifth part,it introduces some questions that have already happened or could appear,besides,it also provide with some suggestion for improvement to make some efforts to advance reform.