On The Perfection To The Supervised Investigation System Of China

Investigative supervision means that the procuratorial organ directs investigative organ (mainly is the public security organ)to make sure that all the facts and the laws in the investigative activities, and the investigative agencies with personal detective behavior are within the scope of law. The value of establishing the investigative supervision system is to restrict the power of the criminal investigation, ensure the maximum protection of the legitimate rights, and realize the judicial justice and criminal proceedings of the benign operation.In the procedure of investigation, the investigative organ occupies the dominant position, but the suspects are often inferior in the procedure of investigation, so that the rights of the suspects becomes the weakest, most missing link. The investigative right is likely to be abused by the investigative organ of the rights of citizens, which is not conducive to the socialist construction of rule by law of China, contrary to the "people-oriented" spirit and justice program principle. Therefore, how to regulating and controling investigative right, to construct the more reasonable and scientific investigation procedure, has become issue in the field of law.The article discusses the investigative supervision system of China on the basic theory, introduces the theory about investigative supervision of several concepts, analyzes their relation and difference. Then, introduces the nature of China's investigative supervision system.Secondly,the article mainly introduces the present situation of the investigative supervision system in China, including the subject, the scope and the main way of the investigative supervision, then analyzes its flaw in the presence of specific system. And the article introduces the investigative supervision regulations of the Anglo-American law system and continental law system countries simply from the angle of comparative law, and then will compare them, analyze their similarities and differences, with a view to learn and absorb the two legal systems in the reasonable factors of investigative supervision system, to the investigative supervision of judicial theory and practice of China.The last part puts forward some concrete conceptions in improving the investigative supervision system of China. First of all, several basic principles,which should follow a few basic principles, besides the frame of constitutional, country national condition, and our country criminal law value orientation, should be identified. Secondly, in the concrete system construction, we must enhance supervision of the procuratorial organ, clear the object of investigative supervision, expand the scope of investigative supervision, to maximizing the protection of criminal suspect's rights. Construct detation behavior illegal procedure from establishing the illegal evidence exclusion rules. And improve the relevant supporting measures, in order to seek a way to perfect the investigative supervision system of our country, and regulate the exertion of investigation power, to achieve the harmonious unity between the right of punishing crimes and safeguarding human rights.