The Investigation And The Right Of Public Prosecution Cohesion And Constraints

The establishment of supervisory commissions should be based on the amendment of the constitution and the investigative power is not simply the sum of the criminal investigative power and the administrative investigative power,while the feasible orientation is to make it a new power to replace the previous criminal investigative power to the duty-related crimes by combining the characters of administrative investigation and the criminal investigation,thereby a new patten that is characterized by the parallelism of supervision,investigation,procuratoration and litigation as well as the separation of investigation and litigation is supposed to be formed.The supervisory commission is not a super institution but to explore the cohesion and counterbalance between the supervisory power and the procuratorative power guided by the idea of power restriction.On the basis of the link of evidence,ensure the lawyer's right to defense through earnestly implementing the rules of exclusion to the illegal evidence and the principle of effective defense.On the premise of mutual restriction and insisting on the procuratorates the state legal supervsion organ,perform good restriction to the supervisory commissions through flexible investigative power and self supplementary investigative power of procuratorates.Meanwhile,as the state organ,the procuratorates should also receive the corresponding supervision from the supervisory commissions.By doing these above,the cohesion and counterbalance between supervisory commissions and procuratorates are supposed to be formed.