Research On The Legal Supervision System Of Procuratorial Organs Over Criminal Litigation Activities Of Public Security Organs

For a long time,detection has been regarded as the "natural enemy" and the "Nemesis" of crime.As the main exercise of criminal indictment,the public security organs,to a large number of criminal case investigation and evidence collection,the public security organ quality fit and unfit quality directly decides the case investigation of the final result,affecting the judicial justice,for a long time,evidence of investigation phase,conclusion determines the result of the prosecution,trial,and cause case relies too heavily on the results of investigation activities,formed essentially "investigation center doctrine",and investigate violence mandatory,secret and sealing characteristics of the activity itself,makes it extremely easy to infringe the rights of citizens,once the detection error,step to step by step wrong wrong,will eventually lead to the wrong result.Throughout the occurrence of unjust,false and erroneous cases,there are traces of illegal investigation.Compared with the harm of criminal ACTS,the illegal investigation not only infringes the legitimate rights and interests of citizens,but also harms the judicial justice,which makes the judicial public trust established by hardships collapse instantly.As "trial as the center" the advancement of judicial reform,the court of the dominant and decisive role in the criminal case,and actually in the final result depends on the investigation of criminal case’s collection of evidence,the cognizance of the case facts and evidence,and the case transferred to as the ultimate arbiter,had actually finalize the design a lot of evidence,and even some evidence to have been lost.So as the criminal prosecution of procuratorial organs,rooted in between the police and the judge,the public security organ for approval of arrest a criminal suspect,the procuratorial organs to review of cases,can timely find evidence to the case and further investigation should be collected,extracting evidence,and with the procuratorial organs v.integration reform,in the review phase arrest can continue to obtain evidence of opinions in the examination and prosecution stage to in a timely manner to verify and supplement,and the ability to discover the illegal investigation behavior and conditional can timely notify the public security organs to correct,Therefore,the procuratorial supervision to prevent the illegal investigation behavior becomes the best choice to effectively control the police investigation behavior.However,China’s procuratorial organs is legal supervision organ,but due tovarious reasons such as legislation and practice,procuratorial organs to perform the duties is not in place,in the practice of procuratorial supervision(specifically to the procuratorial organ to the supervision of the public security organs of criminal lawsuit activity)of falsified,weakening,trivializes situated characteristic is obvious,to solve these problems,build the procuratorial supervision system with real legal sense,further research is needed.This paper will discuss the theoretical basis and legal provisions of procuratorial supervision,the current situation of procuratorial supervision,existing problems and reasons,and the establishment of effective ways of procuratorial supervision,with a view to standardizing the criminal investigation behavior of public security organs and realizing the goal of judicial justice.