Eighteenth of the criminal procedural law stipulates: criminal case investigation conducted by the public security organs, except as otherwise stipulated by law. The crime of corruption and bribery, national staff malfeasance crime, the State functionary carry illegal detention, torture to extract confessions, revenge against unlawful search of, criminal violation of civil rights and infringement of citizens' democratic rights of the crime, the people's Procuratorate investigation. For the case of state functionary carry other grave crimes committed, need to be handled directly by the people's Procuratorate, the people's Procuratorate at the provincial level and above, by the people's Procuratorate investigation.
Comment on:
Compared with the original jurisdiction of the criminal procedure law gives special procuratorate rights, the revised criminal procedure law is too restrictive, too narrow scope. The original provisions of criminal law shall be under the jurisdiction of the people's Procuratorate think oneself, do not need to go through the approval to start the investigation. This of course too relaxed, but the revised criminal procedure law in the provisions of this article "for the case of state functionary carry other grave crimes committed, need to be handled directly by the people's Procuratorate, the people's Procuratorate at the provincial level and above, by the people's Procuratorate investigation". The special jurisdiction is limited to "case" state functionary carry other grave crimes committed but "by the people's procuratorates at or above the provincial level decision", it was too narrow, weakened the people's Procuratorate's legal supervision function, eliminate the procuratorate to the public security organ fails to investigation of cases directly jurisdiction [or set the internal examination and approval procedures] power. This legislation thought is one of Chinese non East is west, either this or that, not bad, not too wide is the system too dead polar mode of thinking again deeply experience a lot of.