The Definition of the Behavior of the Criminal Investigation and the Justiciability Problem
|Keywords||indictment investigation supervision criminal proceedings judicial review|
Public security organs, procuratorial organs, state security organs, the army to defend department and prison in China respectively exercise criminal indictment, among them, the public security organ as the main criminal investigation organ, have criminal indictment and administrative perform the dual function. The criminal investigation behavior and specific administrative behavior in theory is essentially difference, but in the legal practice process, both in certain circumstances it is difficult to distinguish, and affects the correctness of the applicable law. Study the behavior of the criminal investigation connotation and denotation, and the specific administrative act differences and relations, and has important guiding significance to the legal practice.At the same time, China’s criminal indictment of the supervision and restriction, inadequate criminal investigation behavior is placed outside the scope of the judicial review, which do not belong to the scope of accepting cases of administrative litigation, also not be the object of investigation of criminal lawsuit, the procuratorial organs investigation to the behavior of the legal supervision work hard, lead to investigation power abuse situation happen often. To further improve China’s investigation supervision mechanism, and prevent abuse indictment, very has the necessity. The procuratorial organ as the legal supervision organs in China, also will oversee the power and procuratorial power the two conflicting power collection in a body, cause confusion and conflict in the exercise of power, supervision on investigative power is neutrality and Transcendency cannot keep the law supervisor must, this is a flawed legal system in China. At the same time, the criminal investigation activity into the field of judicial review, to do advance supervision, after review and relief, the combination of perfect supervision mechanism is the investigation of the real way out.