The Introspection & Perfection To The Supervised Investigation System Of Our Country

Investigate stage is a very important stage in the criminal procedure. In investigation procedure, investigate department has many investigate rights as a representation of government. Those investigate rights are extensive, initiative and compulsive. On the other hand, Suspect's rights are limited, passive and unforced. Therefore, in investigation procedure, the conflict between country advantage and human rights, liberty and order, justice and efficiency, criminal punishment and human rights protection is intense. Exercising investigate power is relevant to citizen of various rights in investigate stage. If without necessary procedure direct, investigate power will be abused and infringe citizen's rights. Therefore, how to regulating and controlling investigates power and accordingly funding more reasonable and scientific investigate procedure have become issue in the field of law. Chapter one elaborates basic theory issues of investigation supervision. It makes the brief introduction about several concepts of investigation supervision. Afterwards, it makes the brief elaboration to the rationale of the investigation supervision. The investigation supervision rationale mainly is the human rights safeguard and the right relief principle, divided power and keeping in balance principle, the right procedure principle, rule of law principle. After that, this text from the visual field of comparison, analyses the supervised system of British and American ,Germany and France . Comparing our country investigation supervision system and the western state investigation supervision, our country has the obvious difference in the investigation main body. So, we can absorb the reasonable ingredient from the two legal systems when we perfect supervised investigation system of our country. Chapter three made the carefully analysis to present situation of our country public Security organ investigation supervision mechanism and its flaw. Chapter four put forward some concrete ideas in perfecting the public security organ investigation supervision mechanism of our country. As to the litigation ideology, order and efficiency should not be overemphasized, and the principle to balance multiple litigation values should be adopted. The principle that"each litigation party shall have their own responsibilities, coordinate their efforts and check each other"must be reformed . Judge should be importing into the horizontal structure of investigation procedure and integration of prosecutor and police should be built in principle of Procuratorate-guiding-investigation. In concrete system building, we must enhance the supervision of filing a case and repealing a case, protect the defense right of suspect, strengthen the litigation rights of lawyer and construct mechanism of"punishing through procedure"Expect to found a way to perfect investigates the direct system of our country and restrict the exertion of investigate power, achieve the unify between punishment crime and guarantee human rights.