Research On The Improvement Of The Relationship Between Procuratorial Power And Supervisory Power

With the promulgation of the amendments to the Constitution and the promulgation of the "Supervision Law," the supervisory authority legally transferred most of the investigative powers of the original procuratorial organs to the crimes of crimes,and supervised,investigated,and disposed of them into three organs of the supervisory organs.Li Jian,in which if the source of the investigation power is traced,it will find that it has no essential difference from the investigation power of the public security organs and the procuratorial organs.The most important thing is that the Constitution and the Supervision Law recognize the investigation right as an independent Non-reconnaissance right,and the Criminal Procedure Law is silent on this,thus making the exercise of the investigation authority of the supervisory authority fade out of the criminal procedure law,and let the procuratorate lose its focus on the restriction of its investigation power,thus establishing a closed power running fortress.It has rejected the external restrictions imposed by other organs on the supervisory organs,and the exercise of the investigative power of the supervisory organs has become a huge monster that is basically not subject to the three organs of the public security inspection.This obviously does not meet the requirements of the construction of the rule of law government,and is incompatible with the basic principles and spirit of the rule of law,such as the unification of powers and responsibilities,the supervision of the right to use,and the separation of powers and checks and balances.This article begins with the texts of the Constitution,the Supervision Law,and the Criminal Procedure Law.First,it examines the constitutional status of the procuratorial organs and the supervisory organs.Secondly,it lists the procuratorial organs' supervision in the Constitution and the law.The specific restrictions of the organs have led to the various means of procuratorial organs.At first glance,there are many kinds of restrictions.In fact,except for the non-prosecution decision and self-investigation,most of the means of control are slick,and the power of the supervisory authority,the investigative power,is beyond the reach;Through the investigation of the above system,it is found that some procuratorial organs and supervisory organs urgently need to solve problems in criminal proceedings,such as lack of the former's supervision and control mechanism for the latter,and the connection with the criminal procedure is not smooth,and the inspection staff infringement is investigated.How to relieve the legitimate rights and interests of human beings;again,in-depth analysis of the theory of separation and punishment of criminal procedure law,the consensus on the relevant conventions on human rights outside the country,how to respect and protect human rights in the constitution of the country,clarify the position of the supervisory organs,and find out how the supervisory organs should cooperate with the public inspection law.The three organs get along and get the inspection machine The feasibility of restricting the right to investigate;finally,based on the above-mentioned insufficient control system,put forward some suggestions for constructing the procuratorial organs to restrict the supervisory organs,in order to make some basic preparations for the future reform of the supervision system and the improvement of criminal procedure procedures.The rule of law in our country has been built.