A Procedural Study Of Criminal Procuratorial Supervision

The proceduralizing of supervision over penal prosecution (PSPP) is to make the surveillance work have procedural nature in preprocess method through reformation. In our national power system, the prosecutorial agency is defined as the judicial office. Its behaviors such as detection and prosecution should have judicial characteristics. Particularly, during the process of exercising legal supervisory authority which involving examination and even punishment on other country's agency of power, the prosecutorial agency is objectively required to exercise its legal supervisory power following regular judicial process. In other words, the prosecutorial agency should make its supervision strictly in accordance with the legal procedure. But unfortunately, because of diverse factors like misunderstanding of the procedural concept and indifference to the procedural idea, insufficiencies such as excessively simple legislation, unreasonable configuration of authority and incomplete operational mechanism in design still exist in supervision over penal prosecution. Since deficiencies in judicial practice seriously constrain the supervisory work, the surveillance effect has always not lived up to expectations. What is worse, there is an apparent tendency of administration overreaching and interfering judicature in present surveillance on penal examination, which manifestly differs from the judicial feature of prosecutorial supervision, sticking it on the horns of a dilemma and objectively requiring for proceduralized transformation in penal prosecutorial supervision.The PSPP is based on prosecutorial agency's status as judicial organ, fundamentally aiming at ensuring the agency's exercise of legal supervisory power. It transforms prosecutorial supervision from three aspects:idea of supervision, regularization of legislation and configuration of authority. With the principle of due process, definite regularization of legislation, reasonable configuration of authority and improved operational mechanism it makes the judicial agency not just in name only. As proceduralism thrives, the development of legal procedures has become a significant part of our country's construction of socialistic legal system. The PSPP plays an important role in penal procedure construction. It's not only beneficial to the improvement of legal system in our country, but also rationalizing the existence and development of prosecutorial supervision, and in addition ensuring the realization of supervisory effect. The functions of PSPP are mainly reflected in the diversified supervision. Only if the proceduralized transformation in functions of penal prosecutorial supervision is logically launched in accordance with demands of PSPP, could we make penal prosecution supervision integrally proceduralized and eventually realize the PSPP. The proceduralizing of supervision over investigation asks for optimization of relationships between prosecutorial organization and the police, formation of pretrial procedure which focuses on prosecutorial supervision and improved procedures of supervision over investigation so that proceduralizing of supervision over case-filing can be realized and supervision over investigation can be actionable; The proceduralizing of adjudication supervision calls for relative rationality inside the unitary work division system, coordinated relationship between prosecutorial office and court, optimized procedures of adjudication supervision and enhanced supervision over trial procedure; The proceduralizing of supervision over execution is based on the ideas of ensuring procedural justice and safeguarding human rights. The supervision focused on execution of penalty alteration should be launched before, during and after the execution. There is no doubt that the all the proceduralizing of supervision over investigation, trial and execution need support from improved legislation. Regularization of supervision is an essential precondition for the PSPP. During the restructure process of supervision's operational mechanism and configuration of authority, justice of procedures should always be taken as the minimum standard so that the official capacity of prosecutorial supervision could be run within an ordered process.