Investigation Activities Supervise Empirical Research

According to“criminal procedural law”and“the people's procuratorate criminal procedure rules(try out)”regulation,the investigation and supervision department and the prosecution department of China's procuratorial organs supervise the activities of investigation organs. In this paper, investigation supervision department of procuratorial organs the public security organs as the research object, the supervision of investigation activities in the supervision of investigation activities on the basis of the theory of interpretation, an S district people's procuratorate as sample, survey since 2008, this system in practice running status, analysis its existence insufficiency, and improve the system of investigation supervision Suggestions.In this paper, besides the introduction, the text is divided into three parts, about fifteen thousand words.The first part discusses the concept, value and content of investigation supervision. Investigation supervision refers to the procuratorial organ investigate the activities of supervision of the public security organs. The Investigation supervision activities has the dual role of fighting crime and protecting human rights. There are four ways of investigation supervision activities : through the examination of arresting; through early intervention for reconnaissance activities; by accepting the complaints and complaint investigation activities: through the necessary custody after catching review investigation activities. Spying supervise the legality of the public security organ is the content of the investigation, including the special investigation by public security organs and the relevant mandatory measures.The way of supervision investigation activities, including oral notice to correct illegal, the notice to correct illegal behaviour and giving criminal sanctions.The second part of the operational status of the S district investigation supervision empirical research. As the implement of Procedure criminal law in 2012, the system of the new measures have drawn the attention of the procuratorial organ. but there are still problems such as illegal investigation behavior, verification, correcting fatigue problems: first, it's difficult to know the truth, the method of investigation supervision is single and almost only through reviewing arrest find spying illegal information. Second, it's difficult to check. Supervision content is one-sided, lack of necessary means of investigation, the investigation supervision, only can correct illegal behaviors which is reflected directly by the files. Finally, the correction is weak. Lack of compulsory force, supervision effect is not ideal. It mainly has three reasons as follows: one is the lack of supervision consciousness, our country has a long history of authoritarian rule, emphasis on administrative power which controls the social life, "heavy blow, light supervision", “heavy entity,light program”.lead to the supervision of investigation power become a mere formality; Second, the ability of supervision is insufficient, our country has long been focus on the control of crime, neglect of human rights protection.The attitude of the procuratorial organs towards the public security organ is "heavy coordination, light restriction", which leads to the insufficient capacity of procuratorial organs investigators.The third, is imperfect legislation, legislative upper focuses on the effective execution of indictment, but lack of the effective control of indictment and specific provisions on the supervision system.The third part puts forward perfect the supervision system of investigation and advice. In view of the supervision and the problems existing in the present investigation activity which need to set up the legal control of the indictment; the compulsory measures of judicial review and "writ system" must be established legally; In the short term, it is suggested that make full use of the criminal procedure law in 2012 to strengthen the procuratorial organ of legal supervision over criminal proceedings of the system, and develop the mechanism and the way of supervision and investigation activities. Concrete system perfect mainly divided into three aspects: one is rich supervision way, guarantee the exercise of right of appeal. Clear the path to the procuratorial organ in order to reflect information, increase the source of surveillance information. Second, perfect the supervision procedure, and improve the mechanism of investigation to verify. It is the precondition and the key that Procutatorial organs supervise the investigation and verification of a public security organ for illegal investigation action fully and accurately. three,is to enhance the way of supervision and the implementation of the illegal evidence exclusion system. safeguard the basic rights of the criminal suspects and judicial justice in the way of improve the application of the illegal evidence exclusion rule and restricting the indictment of the legal,...