The Right To Prosecution Investigation Study

The investigation power is an organic part of inspection power of Procuratorate and an integral part of our constitutional structure. After the enactment of the "Criminal Procedure Law" in 1996, Chinese investigation power gradually get into a legal way, but there are still a lot of problems existed in the nature of the investigation, the basis to exist, power distribution,etc. Generally speaking, all these problems do great harm to the effectiveness of the investigation power. It is necessary to give a deep research and analysis to the issues above. The author tries to dissertate the issues theoretically and practically in order that we can find the connotation of the investigation power of our Procuratorate.The first part, Define and detect the investigation power of the Procuratorate. The author believes that the investigation right from the Procuratorate subordinate to procuratorial power ownership point of view, the Procuratorate of the investigation is the right under the law Procuratorate in accordance with the law of criminal acts direct investigation powers. In the investigation of the distribution of power, there are three models abroad: 1. Oriented, 2. Exclusive, 3. Guidance participatory. Relatively,in the common law countries, The investigation power of Procuratorate in the criminal proceedings is far less than in civil law countries. the reform of the judicial system and the continuous deepening of the actual needs of criminal policy in the world, the Procuratorate of the right to existence of the investigation gradually strengthening trend of development.The second part, the controversy about the Procuratorate related to the investigation in China. In this part, described the two issues. The first, the attributes of The Procuratorate's investigation power. The author thinks that the investigation by Procuratorate to meet the legal supervision attribute the provisions of our Constitution; Procuratorate detect the purpose of the exercise of the right to determine its effectiveness and has the right to legal supervision attributes; Procuratorate investigation of the right to exercise legal supervision of the principal determines the power of legal supervision. Second, Procuratorate should not have investigative power. Author investigation right from the Procuratorate is an integral part of prosecutorial power; Procuratorate to detect other legal supervision is the basis and guarantee form; Procuratorate indictment investigation is the right to judicial supervision of the exercise of the right to an intrinsic requirement; Procuratorate investigation is the rule of law the right to a natural choice; Procuratorate investigation right is in line with international legislation allocation of the five powers discussed the Procuratorate have the right to a full investigation of the rational.The third part, The status and the assessment of the Procuratorate's investigation power. First on the country's Procuratorate investigation of the historical evolution, and then focus on the investigation of China's Procuratorate to the status quo of the objective of the interpretation and evaluation of research in this part of the main objective is to play a full role arguments, but also to pave the way for the post-wen.Part IV, the consider about how to improve The Procuratorate's investigation power in China. The full text of this part is settled destination, but also on all the core subject. Raised mainly in the investigation of China's Procuratorate to the whole idea of reform on the basis of the resolution of China's Procuratorate to detect the existence of problems, further investigation of China's Procuratorate of the right characteristics, and better safeguard social equity and justice. From a macro speaking, China's Procuratorate to detect the reform should be in accordance with the investigation by Procuratorate of the nature of legal supervision, the investigation through a rational integration of functions, the right to expand mobile investigation, the Procuratorate to apply certain measures unstoppable power, the Procuratorate to strengthen the supervision over the investigation, the biggest limit degrees to play its functions and role.