On The Judicial Review System Of Criminal Investigation Power In China

Mr. Montesquieu said:powerful people use the power and stop it where it encounters the limits. In the "new Persian letters:changes in the concept of law, Mr. Liang Zhiping also said:administrative power innate nature with expansion and illegal impulse. With the attribute of administrative power, investigation power also has the essence of power expansion. If not limited, it will produce great harms. But this point in our country already has a bloody lesson:Du Peiwu case, She Xianglin case, uncle and nephew’s rape and murder case and so on, these miscarriages of justice are power out of control effects. So, the rule of law in modern countries without exception imposed various restrictions on the right of investigation.At all times and in all countries, there are some major limitative ways:firstly, public power is restricted by public power, the most typical is the separation of powers system of the West; secondly, public power is restricted by private right. This is an effective way to control power and all countries are actively expanding the rights of its citizens; thirdly, public power is restricted by the legal system."If public power isn’t authorized by law, please don’t do anything." It limits the power within the legal procedures.This paper only from the perspective of power restricting power will discuss, and the judicial review system is just reflection of this way. Judicial review system is an important legal system in western countries, and it is based on the thought of natural law and the separation and balance of power as the theoretical basis, and on with hundreds of years of court case as the basis of practice. It plays an important role of "booster" and "stability" in the west. If the construction of our law wants to get the same level of the international standards, it is necessary to learn the classic and practical system. Don’t stay only in slogans, and we also pay attention to our own conditions in learning at the same time, to achieve flexible response.This paper, from the realistic point of view, takes different judicial review system on the investigation of the activities:firstly, in the post review, we should establish the litigation act of investigation, review the legality by the court, and together with the supervision of procuratorial organs; secondly, in the prior review, we should improve the system of procuratorial organs, and not introduce the judicial review system of the court as the main body now.