Study On The Power Of Supervision Of Criminal Cases Filing

The power to exercise supervision over filing of criminal cases, as an important legal supervision power, was granted to the procurator organs in 1997 when the Criminal Procedure Law was revised. This gives further extension to the scope of supervision by the procurator organs, formally puts it into the track of legality the work of supervision over filing of criminal cases by the procurator organs and, to a certain extent, reduce the danger of failing to place criminal cases on file and investigate the criminal responsibility and substituting criminal punishments with fines by investigatory organs. Meanwhile, the power of supervision of criminal cases filing provides victims a new procedural right to relief and expands the protection space of their rights. Nevertheless, due to the complicated characteristics of the procurator powers of our country, deep study about the nature of the power of supervision of criminal cases filing, the power boundary and legitimacy discussing is still lacking. Although the procurator organs have initially established the supervision system of powers, the main content of which includes the power to exercise supervision over filing of criminal cases, the power of investigation supervision, the power of preliminary investigation and the power of examining criminal cases before prosecution, the relation between and independent exercise of each powers have not been fully clarified. According to current laws, the power to exercise supervision over filing of criminal cases is some kind of "in principle" power and lacks procedural safeguards, making it impracticable in practice, and the lack of procedural safeguard mechanism of power is a common problem prevalent in our nation's legislation. As the power to exercise supervision over filing of criminal cases is exercised over inappropriate behavior in filing of criminal cases or illegalities of the public security organs, it is likely to strain the relation between the procurator organs and the public security organs, which means to divide their functions, each taking responsibility for its own work, and coordinate their efforts and check each other, leading to the elusion of supervision over filing of criminal cases by the public security organs.Based on Constitution of our country, the procurator organs are defined as the professional organs for legal supervision. This article, taking the preceding provisions as the theoretical basis, as for the actual problems above reference, taking relevant theories and practice into consideration, conducts a systematic study on the power of supervision of criminal cases filing and tries to analyze the conflicts between the provisions in law on supervision over filing of criminal cases and judicial practice, aiming at solving the fundamental question that what supervision over filing of criminal cases'should be'. The article tries to answer the question that how the power to exercise supervision over filing of criminal cases, as a new power drives from the procurator power, differs from, conflicts and also blend with relevant powers, and concerns that the foreign procurator systems brings the reference for the improvement of supervision of criminal cases filing in our country. Besides, the article takes seriously to analyze the theories origin, legal value and practice basis of the power of supervision of criminal cases filing, gives a discussion about its legitimacy, and makes an empirical study according to current operating situation. In the end, the article's main underlying objective is to discuss, how to consummate the current systems of supervision over criminal cases filing, assign the organs scientifically, promote the effective connection with administrative law-enforcement agencies, and strengthen the major supervision about criminal case filing from investigatory organs and so on. Overall, the paper seeks to explain"Now what is, what should be, how to run"about supervision over filing of criminal cases and then make its own contribution to the correct application of criminal law in"punishing crimes, and safeguarding human rights".Specifically, this article contains 7 parts, namely "introduction","the relation of foreign police and procurator, and research on supervision of criminal cases filing","legitimacy demonstration of the power of supervision over filing of criminal cases", "research on the current situation of supervision over filing of criminal cases","construction of the system in order to strengthen supervision over filing of criminal cases"and"conclusion".In Introduction, a brief explanation is given about the theoretical backgrounds and practical situation of supervision over filing of criminal cases, giving us intuitionist cognition about the theory and practice of supervision over filing of criminal cases.Chapterâ… introduces the power boundary of the power of supervision over filing of criminal cases. It clarifies the concept of supervision over filing of criminal cases, and proceeding from the perspective of what supervision over filing of criminal cases should be, redefines the concept of supervision over filing of criminal cases, introduces the legal relations of supervision over filing of criminal cases and the main characteristics of this legal relations, then continue to research on the relation between supervision over filing of criminal cases and relevant judicial power. First, it introduces the relation between filing of criminal cases and supervision of it, thus giving rise to the issue of defining the boundary of supervision over filing of criminal cases; second, it studies on the theory of interrelation between supervision over filing of criminal cases and investigation supervision and distinguishes the differences and similarities and mixtures of the two procedures; third, it introduces the relation between supervision over filing of criminal cases and examination of criminal cases before prosecution; finally, it conducts comparative analysis on the relation between supervision over filing of criminal cases and the power of preliminary investigation before placing a case on file.Chapterâ…¡comparatively studies the supervision over filing of criminal cases in the background of the study on the foreign prosecutor- police relationship and supervision over filing of criminal cases. By analyzing the relations between the procurator organs and the police in the civil law and common law legal system and in Russia's procurator system, it introduces the main characteristics of"the Prosecutor- Police relationship"in different countries and, by analyzing the theories of"integration","un-correlation"and"hybrid"models of the"the Prosecutor- Police relationship", points out the revelations acquired from the different models in improving the supervision over filing of criminal cases of our countries.Chapterâ…¢mainly discusses the jurisprudential basis of supervision over filing of criminal cases. No matter what kind of power is set up, it needs to supply the jurisprudential basis. As for the power of supervision over filing of criminal cases that most countries have not set up, we must especially demonstrate its legitimacy. This chapter consists of 3 parts. The first part analyzes, in theory, the resource of power of supervision over filing of criminal cases, namely the theoretical basis; the second part introduces respectively the substantial value and procedural value of supervision over filing of criminal cases. And the last part introduces the practical basis of supervision over filing of criminal cases by analyzing cases.Chapterâ…£conducts an empirical study on the current situation of supervision over filing of criminal cases. By analyzing the statistic materials, it introduces the overall situation of handling the cases of supervision over filing of criminal cases by the procurator organs and the respective characteristics of exercising supervision over filing of criminal cases by the procurator organs in various regions. Meanwhile, it points out the difficulties and problems in exercising supervision over filing of criminal cases and conducts a theoretical analysis about the cause of this difficulties and problems.Chapterâ…¤, proceeding from the construction of the system, proposes countermeasures of improving the current system of supervision over filing of criminal cases. First, it from the perspective of the rule of law, discusses some core issues of the view that supervision over filing of criminal cases must be legally prescribed; second, it studies, from the epistemological point of view, the unreason ability of the setting of the current system of supervision over filing of criminal cases and, for the purpose of safeguarding the right to know, resolve the internal structure of supervision power over filing of criminal cases; third, from the perspective of"administrative-criminal link", studies how to link the administrative enforcement of law with criminal justice and how can the procurator organs, through supervision, propel the supervision over filing of criminal cases in"administrative-criminal link"cases; finally, proceeding from the perspective of evidence, studies the issue of how to improve the quality of supervision over filing of criminal cases and promote impartial justice.The conclusion gives a brief summary of the content in this paper of supervision over filing of criminal cases and points out the defects and problems in this paper, as well as fields worthy of further study.