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On The Reconstruction Of My Country's Investigation And Supervision Mechanism

Posted on:2019-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:G L LiuFull Text:PDF
GTID:2436330590962582Subject:Law
Abstract/Summary:PDF Full Text Request
Investigation supervision is an important part of criminal procedure activities and the cornerstone of efficient operation of criminal procedure.In order to protect the right of investigation and prevent and combat crime worldwide,it is necessary to take the national compulsory force as the backing,with initiative and expansibility;but in the fight against crime,at the same time,the protection of civil rights must also be paid attention to.In our country,the supervision of investigation power can be divided into internal and external supervision,but the effect of internal supervision is poor,and the external supervision force is weak.Only the check and balance effect of procuratorial power on investigation power is remarkable.However,the procuratorial power still has the drawbacks of insufficient supervision rigidity and insufficient means,which leads to the dilemma of weak supervision.Especially with the advancement of the reform of the supervision system,the reconfiguration of the investigative power of duty crimes,which is an important part of the procuratorial power,is more urgent.How to guarantee the normal operation of the investigative power and achieve the purpose of efficient operation of the power through the reconfiguration of the power is the focus of this paper.In the first part of this paper,the essence and value of the power of investigation supervision are clarified through the elaboration of the power of investigation supervision.In the second part,through the analysis of the current situation of the operation of the power of investigation supervision in our country and the comparison of the advantages and disadvantages of various ways of supervision,it is found that the most effective power of supervision and investigation should be procuratorial power.The third part,through the common law system and the civil law system investigation supervision power operation mode,seeks the beneficial reference to our country,studies the foreign advanced experience,seeks own insufficiency.The fourth part,through in-depth analysis of the current situation of investigation supervision by the procuratorial power of our country,finds out the crux.The fifth part combines the judicial practice,and puts forward pertinent countermeasures and suggestions for the improvement of the investigative supervision power in our country at the present stage.
Keywords/Search Tags:investigation power, procuratorial power, investigation and supervision power, path choice
PDF Full Text Request
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