Monitoring Improvements In Investigative Measures

As one of the major achievements of the national supervision system reform,the “Supervision Law” establishes the investigative powers and contents of investigative measures.This article clarifies the basic concepts of surveillance measures by reviewing the legislative background of surveillance investigations.This article also analyzes the limitations of China's supervision and investigation measures through three aspects: procedure setting,risk control and rights relief.Then this article compares the practice of internal and external monitoring and investigation.Adhering to the original principles of equality and proportionality in crime control,promoted improvements in supervision and investigation measures.This will ensure a smooth and orderly connection between the “Supervision Law” and the “Criminal Procedure Law”,promote the complementarity and organic unification of the supervision system and other legal systems,and ultimately promote the reform of the supervision system to develop in depth.This article consists of the following four parts in addition to the introduction: The first part is an overview of China's monitoring and investigation measures.From the legislative background of the “Supervision Law” to the results of the legalization of the reform of the supervision system.Based on the research on the supervision and investigation measures,the basic concepts of the supervision and investigation measures are refined,and the consideration factors for constructing the supervision and investigation measures are analyzed.This will pave the way for the following discussion of the problems in China's supervision and investigation measures.The second part focuses on the limitations of China's supervision and investigation measures.First of all,from the aspect of procedure setting,the problem of ambiguity in the implementation procedures and supplementary investigation procedures of the supervision and investigation measures was elaborated.Secondly,regard to risk control,it is pointed out that the current internal examination and approval mechanism of the supervisory organs is not complete,and the prosecutorial organs are not effective in intervening and restricting,which may easily lead to the abuse of investigation measures.The third is the perspective of rights protection,expounding the limitations of the way and channels for the respondent to apply for the right relief.The third part is the practice and inspiration of the duty-related crimes investigation measures beyond the borders.The comparative analysis method is used to analyze the establishment of the monitoring and investigative measures in Singapore and Hong Kong.This chapter focuses on the operational characteristics of the two duty-related crimes investigation measures and compares their similarities and differences with those of the mainland.The fourth part is some ideas for improving the supervision and investigation measures.It is recommended to establish a receive-case and establish-case segmented investigation procedures to regulate the initiation of investigation measures.The application procedures of investigation measures are classified to make the application of investigation measures proportionate.By improving the procedural control of investigative measures,the effective link between supervision and investigation and criminal prosecution is achieved.Promote scientific and legal measures for supervision and investigation through the improvement of the rights of the investigators.