Research On The Investigation And Verification Power Of Procuratorial Organ Under The Vision Of Legal Supervision

"no investigation,no say." The premise for procuratorial organs to carry out legal supervision is to find out the illegal acts in law enforcement and judicial activities,which requires the procuratorial organs to carry out necessary investigation and verification.Taking the investigation and verification power of the procuratorial organ as the research subject under the field of legal supervision,comprehensively reviews the problems in the operation of the investigation verification right,and discusses how to properly exercise the investigation verification right from the operational level,giving full play to the safeguard role of investigation and verification in legal supervision.By analyzing the connotation,power,scope of application and effect of the investigation verification right,the article explains the investigation verification right systematically.In order to further understand investigation and verification,the article uses the existing achievements for reference,analyzes the nature of the investigation and verification power,reveals the legal supervision attribute of the investigation and verification power,and uses historical data to look back on the investigation and verification power,interpretation of the historical legislative status of the power of verification of investigation.Only text research can not solve the problem of judicial practice,so we should base on judicial practice to do empirical research.Starting from the procedure of investigation and verification,this paper probes into the main practices of investigation and verification power of procuratorial organs in the supervision of case filing,trial supervision and execution supervision by summarizing procuratorial cases.There are many common ground and subtle differences in operation practice.In practice,cases of investigation and verification emerge one after another,which can only be listed and analyzed conditionally.Different from the case,the data can more directly show the operation status of the investigation and verification power of the procuratorial organ.By searching,screening and summarizing the procuratorial documents,this paper summarizes the application data of investigation verification right in starting mode,power application,supervision opinions and supervision results.Based on the analysis of cases and data,we can see that there are still problems in the application of the investigation verification power of the procuratorial organs at present,the concrete manifestation is that the starting condition of investigation verification lacks the necessary limit,the way of investigation verification is single,the result of investigation verification lacks the standard instrument;the power implements the safeguard mechanism to be opposite deficient.It is suggested that the starting conditions of investigation and verification should be optimized,the starting standards of investigation and verification should be made clear,the sources of clues should be broadened,and the decision power of Investigation and verification should be reasonably distributed,establishing the concept of diversified investigation methods,formulating normative investigation and verification instruments,standardizing the contents of the investigation and verification instruments,and establishing a system of public announcement;improving the mechanism for guaranteeing the implementation of power,strengthen internal linkage and supervision,external cooperation and supervision.