Prosecutors in the police station, the key to the implementation of the supervisory authority – Sohu 3344111

"The prosecutor police" in the supervision of the implementation of the right key – Sohu "comments will explore in the main urban areas, urban high, high incidence of criminal cases of regional police station set up in the prosecution room (official)" "the prosecution would be criminal detention supervision as the starting point, the establishment of restricting freedom of the person of judicial measures and means of investigation supervision system"…… In November 5th, the Supreme People’s Procuratorate procurator general Cao Jianming in the report to the twelve session of the twenty-fourth meeting of the NPC Standing Committee, said the two words, caused widespread concern. According to the provisions of the criminal procedure law, the procuratorial organs have the right to supervise the whole criminal procedure. Although all walks of life on the "trial supervision" of the controversial, but for the prosecution to strengthen the supervision of public security investigation, there is not much difference. Not only that, with the further deepening of the judicial reform, how to implement the investigation and supervision, reduce the arbitrariness of the criminal investigation, has become an unavoidable problem. In this context, in the police station set up a prosecutor’s Office (official), it is the procuratorial organs to further improve the police station criminal investigation activities of the important mechanism of supervision. Stationed in the focus of the police station prosecutors, but also to close supervision. This has its practical considerations: the investigation is not public, is a country under the rule of law practice, but also because of the closed investigation activities and mandatory, that restrict the power of investigation has become particularly necessary. Now in our country criminal prosecution domain prominent disease, is the investigation power is big. On the one hand, many of the masses criminal case can not stand, stand without detection, protection of individual acts as illegal and criminal activities; on the other hand, the abuse of power is widely criticized, such as the use of illegal criminal investigation means to intervene in economic disputes, illegal disposal of seized property, the parties through the inquisition by torture and other illegal methods collect evidence. However, the current criminal procedure law also gives the investigation organ too much discretion, which makes the power and responsibility of the investigation organ not match. For example, the public security organ may not judicial review by the procuratorial organs or judicial organs, direct the implementation of criminal detention for 30 days afterwards, even if that detention is wrong, the investigation organ will not bear any legal responsibility. In addition to criminal detention, coercive measures can be taken directly to the investigation organ surveillance, bail and restriction of personal freedom, direct search, seizure, seizure, freezing and other investigation activities. In contrast, the examination and supervision of procuratorial organs, the current post written, appeared to be inadequate, ineffective. "The establishment of prosecutors in the room at the police station (officer)", "the establishment of the restriction of personal freedom of judicial measures and means of investigation supervision" is an antidote against the disease, to cut, to strengthen the process of supervision and synchronization on the supervision of investigation, the system in good faith not to say. From the organization, the establishment of the office of the prosecutor’s Office (official) is a good thing, and the key issue is still the implementation and exercise of supervisory authority. For example, the police investigation activities, whether it must be open to the public prosecutor? Is there any ability to detect, stop or correct the illegal activities in the police investigation? These systems have been designed for a long time, if not to fill the gap, then strengthen the supervision of the investigation will be seized.相关的主题文章:

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