On perfecting our country duty crime investigation power supervision mechanism
|School||Inner Mongolia University|
|Keywords||abusing investigation power supervision of investigation theprosecutorial organization the restriction of power|
As the legal supervision organization, the prosecutorial organization should perform its duty of legal supervision over all the investigation and trial activities in criminal judicature. Moreover, it also exercises investigation power directly in official criminal cases to disclose and prove criminal facts timely and effectively.But as part of state power, the investigation power of the prosecutorial organization may also be abused. Firstly, power has its intrinsic nature of being abused, and the prosecutorial organization cannot make an exception. Secondly, it is very difficult to investigate into official crimes, and sometimes prosecutorial organizations cannot accomplish their tasks and purposes without violating legal procedures. Thirdly, though by unlawful means, the accomplishment of investigation task may bring benefits to the organization and personnel handling the case. Fourthly, the prosecutors cannot be effectively called to account for their unlawful investigation activities.In fact, the prosecutorial organization itself has realized that its investigation power may be abused, and has established self—restriction mechanisms. Meanwhile, its investigation power is also be supervised and checked by exterior mechanisms. However, due to several reasons, the effect of such restriction mechanisms is not ideal. Some prosecutors lack consciousnesses of being supervised, and the allocation of power is also unscientific. Legal procedures of exercising investigation power are also too. And the examination and appraisal mechanisms are unreasonable, which pay too attention on efficiency and neglect the observation of legal procedures.To strengthen the self-restriction and exterior supervision mechanisms, prosecutors’consciousnesses of self-restriction and acceptance others’supervision should be strengthened, and the allocation of prosecutorial power should also be optimized, e. g., the determining power’of adopting and delaying custody should belong to the higher organization. It is also important to abolish the compulsory measure of residential surveillance, for it can easily educe unlawful investigation activities. Lastly, the rule of excluding illegal evidence should be enforced strictly, and the prosecutorial organization should prove the legitimacy of its investigation activities.