Theory Of Investigation Procuratorial Organ Activity Supervise Defects And Improvement

The criminal investigation of criminal lawsuit activity as a preparation stage, in the whole process of criminal la wsuit occupies an important position. Is detected cases, collect criminal evidence proving crime and consist of the important process, And with subsequent prosecution, trial 800varieties formed a complete criminal lawsuit process. It is investigation activities undertakes the important task , Make the investigation organ or department and criminal suspects' against the most intense. In order to solve the case, prove the criminal, maintaining the criminal law what protect legal interests and social order , Often gives the investigation organ or department with powerful distinguish procuratorial, on the one hand, to collect evidence, and investigate criminal facts provides guarantee nor, on the other hand, in fact widened the investigation organ or department and the relative strength of criminal suspects, making the legitimate rights and interests of criminal suspects easily receive distinguish procuratorial improper violations. China's constitution provides a people's procuratorate are state organs for legal supervision, public security, such as security for the investigation organ and procuratorates internal ZiZhen department responsible for the investigation of the power of supervision activities. But because China's present criminal litigation mode heavy cooperate and light supervision and the lack of legislation, causing the procuratorial organs investigation supervision cannot obtain fully play. Based on this, should constantly strengthen the procuratorial organs, procuratorial investigation right through the procuratorial organs for investigation and termination of the decision of the active start to compulsory measures, strengthen the review power and perfect investigation supervision, and other means to make the procuratorial organs investigation supervision function could be fully utilized. Secondly should sclerosis investigation supervision measures, procuratorial organs to distinguish procuratorial, clear the procuratorial organs in investigation supervision of sanctions right, clear the procuratorial organs guiding investigation power, earnestly illegal evidence elimination work, makes investigation supervision effectiveness was strengthened. Again, still should expand the procuratorial organs investigation supervision of scope, will all compulsory measures suitable into investigation supervision, within the scope of the stand-off withdraw carry catch system and supervision investigation organ law suitable problem, make investigation activities all included in the legal supervision range. Finally still should strengthen the supervision oneself investigation cases, will oneself investigation cases with ordinary criminal investigation of cases in the same under surveillance.