Studies Of The Supervision Of The Criminal Record

The supervision of the criminal record, an important function was empowered the procuratorial organ by The Criminal Law of the PRC (1996), is a means of ensuring the law just and efficient. To the procuratorial organ, it fills the gaps of the supervision of the criminal record in comparison with the past and further aggrandizes the function of the supervision so that the function can run through the whole process of the criminal suit. According to the relative regulations of Super People Procuratorate, the department who implements the supervision of the record is the Dept. of Investigation and Supervision (The former title was the Dept. of Check and Approve For Arrest). Since the new criminal law came into effect, the author has been working in this department, in charge of the supervision of the criminal record in Shanghai. From 1997 to now, the author has experienced the developing process of the supervision of the criminal record, corrected some cases and attained the achievements in protecting the citizen's legal right and maintain the just law. During this period, I, through experiences in finding out, mastering and dealing with cases, deeply realize that the tipstaff of the judicial organ goes his own way in the process of executing the law due to the imperfect legislation, the divorce between the principled regulations and the concrete ones, and the difference means of the supervision of the criminal record. Furthermore, the supervision of the criminal record is a new and developing function that we have not only no experience to use, but also no shortcut to take. So with his own practice for several years, the author, starting from the theory and practice, tries to touch on something of the supervision of the criminal record such as the range, the content, the process, the means and the superintendence. The paper is divided into six parts. In the first part, the author discusses the concept of the supervision of the criminal record, and indicates that supervision of the criminal record supervises the legal execution of register. The self-investigation case of the people procuratorate and the self-accusation case of People's Courts are the objects. The second part is stated the position and the function of this supervision and puts forward that it is a completely new function of the procuratorial organ which makes the system of the supervision of the criminal perfect and plays an important role in ensuring the law just and safeguarding the rights and interests of the citizen. The 3rd and 4th parts are the key of this paper. By relating to his own practice, the author analyses the problems and causes of the supervision of the criminal record, which are in the legislation and in the procurator's practice. I, in the 3rd part, venture to point out that the understanding of the supervision of the criminal record is confused and the effect of this supervision cannot be safeguarded. In the 4th part, the author mainly explores the problems, which need to be solved in the practice of the supervision of the criminal record. I also point out that the procurator should normalize the source of the relevant cases and put the special organ or person in charge of the task. Especially in the judgment standard, the author states his particular viewpoint about the quality of the supervision of the criminal record and it is useful to the procurator in his practice. The 5th part is listed the achievements in the supervision of the criminal record since the new law was put into effect and. Besides the above causes, the inappropriate inner institution, the low quality stuff and bad outside circumstance restrict the supervision of the criminal record from further developing. In the last part, how to strengthen and perfect the system of the supervision of the criminal record in China is mentioned. The author suggests that the procurator should bring several cases, such as the self-investigation case of the people procuratorate, the self-accusation case of People's Courts and cases wh...