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The Routine to Improve the Investigation Supervision System of Our Country

Author: SongZuo
Tutor: ChenYuZhong
School: Hebei University
Course: Procedural Law
Keywords: Investigation and Supervision Judicial control Prosecutorial control Quasi-judicial review
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 54
Quote: 1
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Abstract


The power of investigation by its very nature is a kind of administrative rights, has the characteristics of expanding executive power, while maintaining social order, may cause new damage to the personal and property rights of the citizens, it is necessary to strengthen the executive power control, to effectively regulate the power of investigation, and the protection of civil rights. Mode of investigation and supervision, due to differences in cultural background and litigation concepts, Two Schools formation investigation and supervision of the two styles. Common law countries to implement the Court's judicial review system, the that judicial control mode, the civil law countries in addition to the judicial control, has traditionally been practiced prosecutorial control mode, that the police department's command, guided by the procuratorial organs have come to the right investigation supervise the implementation of the activities. These two modes in content, the way there are many differences, but especially for the specification of the investigation activities to protect the participants in the proceedings litigation rights of the suspects has played an important role. Therefore, the Western countries have formed a comprehensive investigation and supervision mechanisms, standardization, and the the investigation right mode of operation of the rule of law has been established in Western countries. Procuratorial organs in China are state organs for legal supervision, supervision of specialized organs also the investigation, but due to the reasons not allowed positioning and specific system design, investigation and supervision weak and backward means, at the point of a name only, which also led to investigative activity has been in an essentially uncontrolled state, illegal investigation LvJinBuJue. In order to change this situation, the academia and practice this are actively explored, and some advocate the introduction of a foreign judicial censorship, through the issuance of the writ by the court to restrain the investigation activities; Some advocates \The practice also appeared to \That both arguments are flawed, not suited to China's national conditions, in our country is not feasible. I start from the prosecutorial power nature, that the \empowerment, strengthening procuratorial organs objective and neutral position, that is, strengthening existing within the prosecution of the investigation and supervision of the investigative organs, and expand the scope of enabling prospective investigators released writ investigation activities applicable mandatory measures adopted by the prosecution judicial control. And to carry out a detailed feasibility studies and specific construct.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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