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Study On Supervision Of Case-Filing

Posted on:2003-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q WangFull Text:PDF
GTID:2156360092960022Subject:Law
Abstract/Summary:PDF Full Text Request
Supervision of criminal case-filing is an important constitutent of legal supervision. The establishment of criminal case-filing supervision power of procuratorial organs fills in the gaps at the stage of criminal case-filing and makes prosecutorial supervision run through the whole process of criminal proceedings, thus forming a complete legal supervision system, which includes supervision of case-filing, investigation, trial and execution. Due to the fact that criminal case-filing supervision power has not been set up for a long time, theoretical study on it is far from adequate and most of research work is general discussions on problems of specific operation in practice.. Therefore study on criminal case-filing supervision has not yet formed its own system. Having been engaged in procuratorial work for quite a long time, the author feels deeply about the current situation and therefore attempts to study this issue from both theoretical and practical perspectives. In terms of theory, this paper, beginning with the conception, models characteristics meeting as well as the object and scope of case-filing supervision, discusses various opinions of both theoretical circles and judicial departments, studies shortcomings existing in current supervisory system, and puts forward suggestions for further improvements. So far as the aspect of practice is concerned, on the basis of 87th clause of Criminal Procedure Law, this paper, from discussions about accepting case clue; requiring public security organs to give reasons for not placing cases on record for investigation; notifying security authorities of placing cases on record; examing anddeciding direct case-filing and reviewing registration of cases to other practical issues related to supervisory process of case-filing, studies the process and patterns of criminal case-filing supervision and puts forward some constructive suggestions.
Keywords/Search Tags:Legal Supervision, Prosecutorial Supervision, Criminal Case-Filing Supervision
PDF Full Text Request
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