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Reflection and Improvement on China's Supervisory System of the Investigation

Author: PengLiJuan
Tutor: HuXueJun
School: Nanchang University
Course: Legal
Keywords: Supervision of the investigation The inspecting authorities Supervisionon investigation activities
CLC: D926.34
Type: Master's thesis
Year: 2013
Downloads: 13
Quote: 0
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Abstract


In our country, the investigation organ has a wide range of criminal indictment, it involves the conflict between state power and personal freedom, corresponding to the restriction of indictment is less, relief is more difficult for individual rights. In recent years, the criminal who have been in the media exposure, torture, such as illegal investigation law for selfish behavior is the cause of these errors. The contradiction between state power and individual rights increasingly highlight, although have certain checks and balances mechanism, namely investigation and supervision mechanism, but because of the two sides equal legal status, lead to weak supervision authority, no law mandatory provisions, cause the effect of supervision. The indictment of abuse, lead to some errors, and caused the extensive concern of the public and the backlash. In the next step of reform, how should we overcome these problems, how to balance the contradiction between state power and individual rights, improve the system of investigation supervision, restriction indictment, construct investigation supervision, it becomes a matter of the relationship between the state power and individual rights, which is the problem of the relationship between the investigation and monitoring, and it is not only judicial problem, but also legislative problem.The inspecting authority is the law of legal supervision organ, the inspecting authority of an important duty is to investigation supervision. The inspecting authorities investigation supervision will also be working as an important task of the inspection, and in the process of fighting crime, investigation supervision work also play its proper role, it effectively curb the abuse of indictment, safeguard the rights of participants in the proceedings, but also made contribution to improving the working quality. The current investigation supervision system,to a certain extent, guarantee the legitimate rights and interests of the criminal suspect, but at the same time we should also see the system in several aspects, such as legislation, judicature, law enforcement environment all shortcomings, in order to better application in the concrete practice. Especially the second revised criminal law, paying more attention to the criminal suspect’s human rights guarantee. The supervision of the inspecting authority in criminal lawsuit activity, has become a favourite theory and criminal judiciary common topics, so how to improve the inspecting authorities in the supervision of the investigation organ also becomes even more important.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate > Judicial supervision
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