[Abstract]The new criminal procedure law introduced new regulations multiple investigation supervision work, including refinement, to arrest and other measures of detention review the necessity, interrogation recording, illegal evidence exclusion, the juvenile litigation procedure in criminal cases, criminal reconciliation procedure. These provisions will have an important impact on the investigation supervision concept, mode. Investigation and supervision work should renew the idea, establish the judicial interpretation, and actively explore various working mechanism to adapt to the new criminal procedural law.

    Key word.The new criminal procedural law; supervision of investigation; prosecution; criminal suspects;

2012Years3Month14Day, "Criminal Procedure Law" amendment to the twists and turns finally got passed by the National People's congress. From the2003In the amendment of the criminal procedure law in the tenth session of the National People's Congress legislation plan calculate case, already ten years, this amendment is1996The first revision since, described as "ten years grinding sword". The new criminal law relates to the supervision work of many of the terms, put forward higher requirement for the supervision of investigation work, which will have a significant impact on the investigation and supervision work. The main content is directly related to the supervision work of the new criminal procedure law is: the new provisions of the conditions of arrest and program modification and detainees arrested necessity review, exclusion of the illegal evidence, interrogation recording, the minor criminal cases, criminal reconciliation procedure etc.. Criminal procedure law as the basic law regulation of criminal activity, almost every rule is directly or indirectly involved in the supervision work of the problem, but the following new directly relates only to the main aspects of investigation supervision work discussion.

Provisions of compulsory measures, more specific and strict

1, refinement of the arrest conditions.The new revised criminal procedure law article79Article1Section lists five there is evidence to prove the facts of the crime, may be sentenced to the punishment of criminal suspects, defendants, take bail is insufficient to prevent the occurrence of danger to society and should be arrested situation. Namely: may implement the new crime; the real danger endanger national security, public security or social order; may destroy or forge evidence, witnesses or collusion of the interference; the victim, informants, may take revenge against the implementation of Dutch act or attempt to escape. The article2Paragraph, provides three "should be arrested", namely: "to have evidence to prove the facts of the crime, may be sentenced to more than ten years of punishment, or there is evidence to prove the facts of the crime, may be sentenced penalty above, once an intentional crime or unidentified, should be arrested."The new rules, so that the operation of the procuratorial organ has greatly increased, to staff the supervision work of accurate grasp of the conditions of arrest, improve the efficiency and quality of handling a case of arrest cases. In the investigation supervision work, should be based on the refinement of new criminal procedure law about the arrest of the necessity of comprehensive review, for different cases, the right to approve arrest (decided), not (to) approved the arrest or not to arrest decision.

2Review of arrest, refinement of the program.The new criminal law article86The "provisions of the people's Procuratorate for examination and approval of arrest, can ask the criminal suspect", also provides three kinds of situations should be questioned. Namely: "doubt on whether or not to comply with the conditions of arrest; criminal suspects to prosecutors to statements; the investigation may have serious illegal act." At the same time it also provides that: "the people's Procuratorate for examination and approval of arrest, may question the witnesses and other participants in the proceedings, to listen to the views of the defense lawyer; lawyer request, should listen to the counsel's opinion." The provisions of this article, the deprivation of liberty of Prudential, beneficial to exercise the right of approval of arrest, prevent false arrest, perfect the procedure of examination and approval of arrest. In the supervision of investigation work, to improve the criminal suspect and the lawyer listened carefully to the views of the sense of responsibility, comprehensive access to the suspect guilty, guilty, guilty evidence, more comprehensive understanding of the case, discover and correct the investigation procedure of the illegal behavior of evidence collection, accurate use of arrests, protect the suspect's right of action, the maximum to prevent the leakage of a wrong arrest phenomenon, ensure the quality of arrest cases.

3After the arrest, increased detention review the necessity.The new criminal law article93Article: "the suspect, the defendant was arrested, the people's Procuratorate shall still the necessity of the detention review. The detention is not necessary, should be recommended to be released or alteration of the compulsory measures, the relevant authorities shall within ten days to notify the people's procuratorate." The provisions of this article, to fill the gaps in the procuratorial supervision after the arrest, helps to reduce the detention, to prevent improper detention and super custody, to perfect our system of custody, respect for and protection of human rights is of great significance. In practice, to capture the investigation is a common phenomenon, extended custody is a "difficult" issues.[1]The procuratorial organs of the detention review the necessity, found the suspect has not interfere with criminal litigation, and has no danger to the society, the detention is not necessary, even if the detention period to expire, should also be recommended to be released or alteration of the compulsory measures, is conducive to resolving the problem.

4Adds the specified residence, residential surveillance.The new criminal law article73Provisions: residential surveillance shall be executed in the suspect, the defendant's; no fixed residence, can be specified in the residence of execution. For the alleged crimes against national security, terrorism crime, crime of particularly great bribery, in the shelter implementation may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, also can be in the designated residence execution. But, not in the place of custody, special case handling place execution. The supervision of people's Procuratorate to specify the decision and implementation of residential surveillance is legal residence.The specified home residential surveillance,96In criminal law article57Article1Have provisions, not new invention. The new law has expanded its scope of application, the original must be put in the detention house people, now have a new option can not be directly the detention and arrest.[2]The fact is loose, "downsizing.". The new law expanded the scope specified home residential surveillance, so that some originally to the detained suspect can not be held, which embodies the respect and protection of human rights spirit.

Two, the relevantEvidence regulation is more scientific and reasonable

1, redefines the concept of evidence. The new criminal law article48The provisions of the96The concept of the criminal law on the evidence of years "All facts that prove the true circumstances of the case, is evidence." Modified into "can be used to prove the material facts of the case, is evidence." The practice of "evidence" is very wide, not only prove the truth of the case material, also cannot prove the true circumstances of a case of material, but as long as the investigative organs and the relevant personnel to collect relevant materials can prove the facts of the case, can be the evidence,[3]This modification of new criminal procedure law to solve96Years of criminal law about evidence concept logical contradiction and judicial practice does not match the problem.

2, expanded the types of evidence. One, the "evidence" and "documentary" separately, this classification more scientific. Two, the "conclusion" is amended as "expert opinion" more realistic, but also conducive to the judiciary for examination and judgment. Because the identification results of identification of the identification, only individual make samples and certain scientific principle based on a judgement, may be true, or it may be wrong, and not on the identification problem of the "conclusion" or "". Three, the "inspection, inspection record" is amended as "inspection, inspection, identification, Investigative Experiment record" more accord with the objective conditions. Because in the course of the investigation, the investigation organ shall conduct activities in addition to inspection, examination, can also be used for the identification, investigation and other activities, production activities in these notes should be included in the category of evidence. Four, the "audio-visual material" is amended as "the audio-visual requirements, electronic data", so that this kind of evidence is more comprehensive, covering all of the electronic evidence.

3,The establishment of the exclusionary rule of illegal evidence.The new criminal law article54Regulation: "using torture to extract confessions and other illegal collection of criminal suspects, defendants confession and using violence, threats and other illegal methods to collect the testimony of witnesses, victims' statements, should be excluded. The collection of physical evidence, documentary evidence does not meet the statutory procedures, may seriously affect judicial justice, shall be corrected or make reasonable explanations; no correction or to make a reasonable explanation, the evidence should be excluded." This article established the exclusionary rule of illegal evidence. Investigation and supervision departments in the review of arrests, comprehensive review should pay attention to evidence and use, objectivity, relevance should carefully review the legitimacy of evidence, but also careful examination of evidence, strict facts, evidence, law, procedures, to ensure that the evidence and evidence, there is no contradiction or conflict excluded reasonably between the evidence and the facts of the case. Flexible to take a variety of forms, especially to interrogate the criminal suspect and listen to the counsel's opinion, strengthen the suspect's confession, testimony of witness, the statement of the review, to ensure the objectivity, relevance, legitimacy of evidence, the protection of social public interests and protection is to maintain a reasonable tension between the defendant's legal rights.

Three,Added provisions of synchronous recording mechanism of interrogation

The new criminal law article121Article1Paragraph: "when the investigators suspect, can the audio or video recording of the interrogation process; there may be sentenced to life imprisonment, the death penalty cases or other serious crimes, shall carry out the sound recording or video recording of the interrogation process." Article2Paragraph also provides that: "the audio or video recording should be whole, maintain integrity." Torture to extract confessions is an ugly phenomenon in judicial practice long prohibitions, not only serious human rights violations, damage the credibility of justice, but also an important cause of miscarriage.The synchronized audio video recording shall make the investigation organ "strong" exposed to a reasonable measures to monitor before, but also many of the injustices and misjudged cases "forced" out, security is not the legitimate rights and interests of interrogators have means, it is to put forward new challenges to investigators questioning ability, also put forward more high requirements of the legitimacy of interrogation activities. In addition, according to the provisions of the Supreme People's Procuratorate, procuratorial organs in handling the direct acceptance of job-related crimes investigation, every time the interrogation of criminal suspects should implement uninterrupted recording, recording the whole process of interrogation, this provision is the strict requirements of the people's Procuratorate to own work, it should be in accordance with the provisions of the Supreme People's Procuratorate, on all positions criminal interrogation will be implemented during recording, video. In addition, also need to pay special attention to, the provisions of the new criminal procedure law should be full of sound recording or video recording, video for preventing legal loopholes, prove that the loss of legitimacy of interrogation.

Four,The system of special protection of minors

The new criminal law article269Provision should be "strictly" Application of arrest for minors, fully embodies the criminal policy of combining punishment with leniency. Article266Specific provision "for minor criminal cases, shall be undertaken by the familiar with minor physical and psychological characteristics of the judges, procurators and investigators". The rules established for juvenile arrest cases, by the person handling system. Article268The provisions of the public security organ, the people's Procuratorate ", the people's court for minor criminal cases, according to the situation of the juvenile criminal suspects, defendants growth experience, the causes of crime, care and education investigation". The whole process of social investigation for criminal procedure, including the stage of review of arrest, but the social investigation is not a mandatory obligation according to the specific situation of the case, apply. Article269The procuratorial organs handling juvenile arrest cases, it shall interrogate juvenile criminal suspect, and listen to the views of the legal counsel. Article270Article questioned the minor suspects, it shall notify its legal agent here. Legal representative is unable to be present, it may inform the other adult relatives, on behalf of the local schools, units, organizations or residence of minors protecting organization at. Provisions of the right to adults system, changed the minors to fight in isolation in criminal proceedings in the situation, to maintain better minor's legitimate right of action. Minors special protection system of the new criminal procedure law, inMany of the provisions and the basic requirements of adult cases vary, but closer to the United Nations Criminal Justice Standards, reflects the Chinese Criminal Procedure Law of the inherent laws and the development direction in the future.

Five,Increase the parties reach the criminal reconciliation procedure

The new revised criminal procedure law article277To use the criminal reconciliation cases made provisions, namely: caused by civil disputes, suspected of criminal law fourth chapter and the fifth chapter of the crime, may be sentenced to three years in prison the following punishment and in addition to malfeasance crime may be sentenced to public prosecution cases outside the prison the following criminal negligence crime in seven years, sincere repentance the suspect, the defendant, obtain the forgiveness of the victims through compensation for the losses, such as an apology, victims voluntary conciliation, the parties may settle. This article2Subsection made regulations, restrictions on the use of the criminal suspect, the defendant: within five years had intentionally the crime, not applicable criminal reconciliation procedure. Article278Article gives people's Procuratorate participating parties reconciliation, review the voluntary reconciliation, legitimacy, and presided over the production settlement agreement the rights and obligations. Article279The provisions of the people's Procuratorate to voluntary cases reached a settlement agreement, can recommend lenient penalties to the people's court; for minor crimes, without penalty, may decide not to initiate a prosecution. According to these regulations, can the criminal reconciliation applicable to from the case to court the whole criminal procedure is derived. In different stages, the different handling organs reproduce concrete work, in the stage of review of arrest, authorities prosecutors involved in the mediation and reconciliation agreement for review, presided over the production settlement agreement duty.[4]

Six, the conclusion

Although some folk and academic practice of the criminal law still have reservations, but the new criminal procedure law has many important breakthrough, highlights the concept of crime and protection of human rights against the phase equilibrium. Can be said that the new criminal law is a great progress, but the method of "progress" can be realized in the practice of justice "progress" remains to be the test of time. The author thinks that,After the implementation of the new criminal procedure law, have an important impact on traditional concept, will investigation supervision work mode, responsibility and risk. "The life of law is implemented, the criminal law made important modifications, the effective implementation is the key." In order to investigation supervision work can quickly adapt to the new criminal procedure law, first of all, should have a clear understanding of the new criminal law contains the spirit of the rule of law, transformation of old ideas, relevant departments should develop as soon as possible, to facilitate the operation of the judicial interpretation in detail. Secondly, in the process of handling a case investigation and supervision departments should actively explore review of arrest, interrogation, detention, arrest to review the necessity of illegal evidence exclusion, the minor criminal cases, minor criminal cases and working mechanism, strictly implement the new criminal law of investigation supervision work.

Reference.

[1]Huang Fengyan:The right of arrest problems and countermeasures existing application[J]Guangxi law journal,2012-5-29, No.5Version.

[2]Wu DanhongThe new criminal procedure law73Article83Article"Is progress[J]Realistic and theoretical network:

Http://www.qstheory.cn/zz/fzjs/201203/t20120315_145692.htm.

   [3]Cai Rongqiao:Review the arrest of procuratorial organ of[J]China prosecutor,2012 (8): 65-68

[4]Jiang Zhiru, Xia Chuan: Interpretation of the new "criminal procedural law" the criminal reconciliation procedure[J]Search,2012 (8): 235-237