Amend The "Short Board" Of China Supervision Regulation

The investigation and supervision has come forth in the regulation of judicature supervision and administrative supervision in ancient China. Modern investigation and supervision originates from law supervision theory of Soviet Russia and Russia law system. Criminal litigation of untries all over the world trend to strengthen supervision and control for investigation of procuratorial organs. In China , investigation and supervision includes criminal files opening supervision, investigation activities supervision and arrestment censoring, which have a good embodiment for the unification of "participation" and "control", and have the character of rationality. But with the development of the society and the proceeding of legal system , it has appeared several extrusive problems. The main representation of them are: firstly, cooperating restriction principle breaches the collocation rules of investigation and control functions, which leads to charging capability and investigation and supervision effect has been harmed and decreased; secondly, supervision control lacks of substantiality and generality, and this makes hard to realize justness and efficiency, hard to realize effective prevention and correct law breaking activities in time at the same time. It is not good to protect citizen legal rights from being impinged illegally by investigation activities. Aiming at these "Short Board" disadvantages of investigation and supervision, law circles andjudicature circles have brought forward some propositions in recent years; presumptively speaking them are incorporate directing supervision theory and investigation inducting theory. Incorporate directing supervision theory includes procuratorial and police work incorporate theory, investigation and litigation incorporate theory and organization incor rate theory, which are on the base of procuratorial work public prosecution under the western regulation of "separation of the three power—the legislative, executive and judicial powers". This will lead to procuratorial organs work in simple public prosecution finally which will make the supervision station of procuratorial organs in litigation process to be weakened and lost. Investigation inducting theory is an eclectic method for procuratorial organs in dilemma at present. It has improved and strengthened the function of investigation and supervision work on a certain degree. But restricted by nowadays criminal litigation system and principle, this theory only intervenes investigation in limit, and does not bring forward essential and effective measure to strengthen files opening supervision, investigation activities supervision and control for compulsory measures in investigation. Therefore, perfecting the Investigation and supervision regulation of our country should be establish in China basic constitution regulation as precondition, use the "long board" of supervision control for ancient China or foreign countries investigation for reference to amend the "short board" of supervision lag and efficiency lack for China investigation and supervision regulations, and to set up China all-around and essential investigation and supervision regulations.