The Mode Selection And Specific Perfection Of The Supervision Of Investigation In China

In the constitutional system, any power must be restricted to guarantee human rights. must not be arbitrary of personal abuse.But with the expansion of the nature of power, an unchangeable experience is to all those who have the power to abuse of power.Therefore, the execution of authority must be subject to supervision. Inadequate supervision power is terrible, the gun power holders of supervision is more terrible.The power of investigation which owned by investigation organizations, its execution express in a particular way of force and violence. Although the goal of the execution of the power of investigation is to ascertain criminal facts, collect the evidence and arrest the suspect, and provide for the prosecution. However, it must be under control for its grievous tortious. and the control lies in the supervision of investigation system. The existence and effective implement of scientific supervision of investigation system can guarantee the benignant operation of it in order to ascertain criminal facts, collect evidence, ferret out the suspects by the power of investigation, so as to the punish crimes through the criminal lawsuit, to protect the human rights. But in the judicial practice of our country, the abuse of power which far away from we expected is very common, the supervision of investigation system presents severe morbidity.But in the judicial practice of our country, the abuse of power which far away from we expected is very common, the supervision of investigation system presents severe morbidity. The Theory circles and Practice circles pay great attention to it. also launched on the exploration of theory and practice about Perfecting China’s investigation of supervision system. This is also the background of this paper.In addition to the introduction, the paper will discuss in six parts. The first part is the summary of the concepts concerning of the supervision of investigation, which is the precondition and foundation of this thesis. First, through the study of "investigation" and "supervision" and the reality of China’s judicial world define the broad and narrow connotation of the investigation of supervision, and declare that this article is the discussion under the narrow connotation of it. Then through the study of the supervision of investigation of the relationship between the subject and object as well as its configuration. we find "an idea" that is the perfecting of the supervision of investigation system and "two line" that is the mode selection and power’s configuration of the supervision of investigation in China. The second part pay close attention to the present situation and actual practice of the supervision of investigation and find the big disaster btween the two main line. The third part will pay more attention to the international and some good experiences which can learned by us. The fourth part focuses on the analysis of chosing which kind of mode of China’s investigation and supervision indeed, which based on the absorption and critically foundation to put forward the suitble way for China’s reform and the innovation.The fifth part which is also the focus of this paper is the reconfiguration about the supervision of investigation power, this component is proposed to guarantee the the pragmatic and efficient of the supervision of investigation, especially to strengthen the security of the supervision and authority. The last part is the conclusion. which summarizes the full text and the reflection, and puts forward sincere expection of the author.