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On The Criminal Register Supervision System

Posted on:2012-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:X F JingFull Text:PDF
GTID:2166330332983318Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The criminal register supervision system is an important element of supervision system oversight functions of the criminal filing, "Code of Criminal Procedure" gives prosecutors an important function. Prosecution the right to perform this function, not only to control and contain a case can not stand, the guilty do not study, locked in such denial, lax enforcement, effectively prevent the occurrence of miscarriage, but also to protect the personal rights of citizens, democratic rights, property rights and other legal rights.For a long time, prosecutors supervise criminal case has been neglected and weakened, cognitive differences, supervision weak sense, the absence of legislation and lack of working mechanism of the confusion and other reasons, resulting in criminal case situation of a large number of Authority is not in place exists, the legislative intent can not be well implemented.In the context of rule of law in the modern era, many countries have established a relatively sound legal oversight mechanisms. Therefore,improve the situation of our country's criminal case based on the monitoring system is imperative.This article is divided into four parts. The first part outlines the origin and the importance of criminal case, then introduces the origin and development process of criminal case monitoring system and the clear positioning of its concept, nature and value orientations. The second part, the author reviews the current law on the criminal record of supervision requirementsand describes the objects placed on file monitoring, scope, standards, and procedures. The third part, the author reviews the supervision of criminal case the main problems, as the object of the criminal register supervision incomplete; narrow the scope of case registration and poor access to information, inconsistent standards and supervision standards for filing;incomplete filing supervision, incomprehensive monitoring period,supervisory bodies to set unreasonable, and then dialysis the root of these problems. The fourth part, the author designed to improve the supervision system of criminal case. First discusses the legislature,prosecutors, public security organs in cases of criminal legislation should adhere to the concept of Christ,to carry out criminal case the prosecution should follow the principles of supervision. Secondly, I suggest filing in the Legislative amplified the object and scope of supervision,increase the supervision of the prosecution authority,reduce the filing of supervision standards, supplementary filing procedures for monitoring,to form a complete legal system of supervision of Criminal Case; Finally, I initially conceived of the working mechanism of supervision of criminal record, mainly by the prosecution of the case within the linkage mechanism leads to the prosecution and the public security organs, party committees and administrative departments and external collaboration mechanisms constitute the NPC.
Keywords/Search Tags:Criminal case, Legal supervision, Filing supervision, Criminal case monitoring system
PDF Full Text Request
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