The Procuratorial Supervision On The Technical Investigation

According to the social contract theory, the citizens in order to preserve theirown living environment and more benefit, is willing to assign part or all of its rightsto countries, resulting in indictment restrictions and deprive citizens legal person,freedom, property and other rights. With the development of the society, people arefaced with the increasingly complicated survival environment, risk also graduallyincreased, the desire of the people want the country to protect more strongly, thenassignment more powers to the state at this time, expand the scope of state power.Technology of indictment is people’s right to assign out of social transition. But notthe unconditional to these rights assignment, the people to the assignment is to requirethe power can be orderly, healthy, and the exercise of the purpose is to protect thepersonal rights and property rights and interests of the people. Procuratorial organ isthe supervision organs of criminal proceedings in our country, is the guarantee thepower can be orderly and healthy operation of the "keeper of the law", theprocuratorial organs through the exercise of case supervision, investigation, trialsupervision and execution supervision such as supervision, to protect the criminalprocedure law and orderly operation.The focus of this article is the technical investigation of procuratorial supervision,hoping to China’s procuratorial supervision mechanism theory to explore the technicalinvestigation, technical investigation measures in our country, analysis of the causes of the present situation and the structure and perfect the system of technicalinvestigation of procuratorial supervision in our country. Full text is divided into thefollowing five chapters:Chapter1:Technical investigation of procuratorial supervision and the legalbasis,At the first through the definition of technical investigation measures and otherrelated concepts and analysis the basic connotation of technical investigation.Secondly, probes into the properties of prosecutorial power, on the basis of theconcept of procuratorial supervision is defined, has been clear about the supervisionfunction of procuratorial supervision and investigation configuration.Chapter2:technical investigation of procuratorial supervision, establish thetheoretical foundation, this chapter is divided into two parts, the first is the legitimacyof investigation supervision analysis, from the theory of "separation of powers, dueprocess theory, human rights and the right relief three theoretical level were analyzed.And then from the more general to the specific, probes into the technical investigationmeasures the necessity of procuratorial supervision.Chapter3:technical investigation of present situation and the cause analysis ofprocuratorial supervision, from the aspect of legislation and judicial practice of ourcountry introduces the present status of procuratorial supervision, and deep analysis ofthe cause of the current situation, is targeted to solve the problem can be found below,perfect the mechanism to lay the foundation.Chapter4: countries outside technical investigation of legal supervisionexperience for reference, this chapter through the study of the comprehensiveconsideration of foreign technical investigation of legal supervision, countries outsidethe advance of the judicial review process, the strict JiZhen necessity principle andmaterial handling system, the technical investigation measures investigation resultsfor illegal evidence exclusion rule on how to perfect the technical investigation ofprocuratorial supervision in China has a good reference. For the improvement of thesystem of technical investigation of procuratorial supervision below lay thefoundation.Chapter5: perfect Suggestions of technical investigation of procuratorial supervision in our country, this chapter is divided into two parts, the first design theway of technical investigation of procuratorial supervision in our country, throughadvance, matter and afterwards, three stages of technical investigation respectivelyachieve static control, dynamic control and supervision and control. Second againelaboration to the technical investigation of procuratorial supervision procedure, inorder to protect our country by application of refining technology investigationmeasures operating efficiently and orderly.