Status, Problems&Countermeasures About The Operation Of Procuratorial Investigation Power

Procuratorial investigation power that belongs to The people’s procuratorate according by law refers to the special investigation of corruption, bribery, malpractice and tort and the power of compulsory measures. This right is an important right of The people’s procuratorate. As a kind of right belongs to procuratorial investigation power. Because it has specific characteristic, in the process of criminal suit it will impact the freedom and property of the suspect directly and has a great influence on trial results. So it is very important to regulate the operation of the procuratorial investigation power. In addition, nowadays there is no complete research about regulating the the procuratorial investigation power in theory and practice. Based on this, it is necessary to research the regulating operation of the procuratorial investigation power from the following aspect.At present the regulating the operation of the procuratorial investigation power includes internal restriction and external restriction.. Internal restriction consist of the restriction of superior. The procuratorial organs, the restriction of the procuratorial organs internal function department and the restriction of the People’s supervisor. External restriction includes the restricting criminal suspect and suspect’s lawyer, the restriction of the court and other restrictions. However, above many restrictions are not perfect. Actually there are many problems exist in practical operation.The procuratorial organs can not get ride of self-restriction. The best restriction is that let the right perform in the sunshine. But it can not achieve presently. The lawyer can provide the great legal aid to suspect, but in the current law enforcement, due to lack of supporting system there are not enough room for lawyer.So the power of lawyer can not Involve in the investigation. In annual report of the the Supreme People’s Procuratorate there is something mentioned about the procurator breaking the law. We could not avoid the the reality. let’s pay more attention to the operation of procuratorial investigation power.In Prosecutorial system reform, the important reform contents refers to arrest right which means that lower level procuratorate arrest suspect need the authorization of high level procuratorate. The aim of this reform is that take measures to ragulate the opreation of procuratorial investigation power. It emerges a lot of difficulties and problem in reality. The obvious problem is that the inverstigation is a form no actrual meaning. The procuratorial organs implement the public regulation of invertiagion. But the reality is that the propaganda is more Than public Most procuratorial organs’purpose is to deal with the inspection of superior organs.The people’s supervisor system and Synchronous video system are also the important manner of regulating the operation of the procuratorial investigation power. But there are lots of problems and difficulties in reality. Many procuratorial organs’aim is that go through the motions. So regulating the operation of procuratorial investigation power is important, necessary and reasonable.The important characteristic is that regulating the operation of procuratorial investigation power reflect Marxism legal thought and the inherent requirement of prosecutorial system with Chinese characteristic and in present of the fair and justice.At first, regulating the operation of procuratorial investigation power should pay more attention to protect human rights consciousness and get rid of the thought of becoming rich and succession quickly. Secondly, we should refine the procession of operation of procuratorial investigation power. We should achieve to define the every one’s responsibility and Well Documented. Thirdly, we should improve the status of lawyer in procession of investigation and provide big legal aids to criminal suspect. At last, we should continue to complete the public the investigation, the people’s supervisor system and Synchronous video system. We also make it legalization.