An Analysis On Arrest Approval Power Supervision And Independent Anti-corruption Power Of The Procuratorate

As the legal supervision institution of our country, the procuratorial organs exercise procuratorial power independently, it has the power to approve arrestment and to investigate.In practice,when the Procuratorial organs supervise the abidance and execution of laws and regulations in our country,there is also ineffective supervision and abuse of authority in the process of excercising its own power. In the present legal system, there is nearly no detail regulations to supervise the power of the Procuratorial organs,and there's also no effective supervisory and restricted system.Only under the supervision and restriction,power will not be abandoned or abused. The power without supervision and restriction will finally lose fair and justice.So it's very necessary to strengthen the supervision and restriction and to divide the power of the procuratorate. Arrest approval power and anti-corruption and anti-bribery investigation power are the most representative power of all the power the procuratorate exercises.As for the arrest approval power,the author started with the comprehension of the necessity of arrest in the process of the execution of arrest approval power.The comprehension of the necessity of arrest is random, the procuratorate lacks independence and neutrality on arrest approval.All the problems above are caused by the limitation in the making of Criminal Procedure Law, the absence of redress for criminal suspects,the weakness of the Public Security Organs in the process of reconsideration on authorizing arrestment by the procuratorate. published an article on arrest approval power and gave an personal opinion that" submit to the court theory" doesn't suit our country. Combined with the problems in the execution of the procuratorate's arrest approval power,,we discussed how to strengthen the supervision and restriction on arrest approval power and to perfect the arrest approval system.According to the author,the dominating way is to add unnecessity of arrestment and social risk into the code of criminal procedure,to establish an argumentation system of necessity of arrest, to give public security organs the right for emergency detention appeal,to set up a procedure of public questioning on arrest approval and to work out a detention recheck system and a control and supervise system after arrest disapproval.As for the anti-corruption and anti-bribery investigation power,the anthor started with the problems in filing case,non-protection for the rights of the suspects during the interrogate period,extraction of confession by torture and noneffective supervision on arrest approval.The author gave an analysis on the background of establishment,the organization settings, the legal rights,the supervision,the mission statement and the profession regulations of the Independent Commission Against Corruption of HongKong,and came out an conclusion that the reason for the success of ICAC is it functions independently and has effective supervision.Drawing on ICAC's successful experiences,the author analysed the feasibility and necessity of setting up independent anti-corruption organ in our country,and conceived its organization settings and supervision settings.