On Oversight Mechanisms Of Placing A Criminal Case On File

Case-filing supervision is a kind of supervision, in which supervision organs supervise acts of case-filing to judge whether their accordance with law, as a system of legal supervision in China, an important part in promoting the rule of law, protecting the citizens of human rights, safeguarding judicial justice of great significance. The value embodied in the tools and targeted two areas. Study the history of the legal system, criminal case supervisory system created the system of the former Soviet Union, Russia is still followed by the system To this day. China's criminal case monitoring system origin in the former Soviet Union, but with the former Soviet Union and Russia, compared to the main body of supervision in the criminal case, scope, objects, methods, measures, etc. are all different. Placed on file monitoring system in China is a long time after the system is still shallow, criminal case oversee system design and actual operation there are still many problems.The scope of supervision of cases placed on file, the limitations of the object, resulting in the formation of the blind spot monitoring. Channels of supervision placed on file the case of poor source of clues, leading to a large number of criminal cases, lack of access to monitor vision. Criminal case monitoring tools and security mechanism is not perfect, monitoring the effectiveness and efficiency can not be fully protected. In addition, criminal cases of condition monitoring of high placed on file for prosecution placed on file Itself department supervision mechanism is imperfect, inspection and supervision of the main deficiencies in the ability to supervise and institutional settings, unreasonable, also affected the effectiveness of supervision placed on file.Practically and theoretically speaking, not only is it feasible, but also essential, to further perfect the oversight mechanisms of placing a criminal case on file. Placed on file in legislation to expand oversight of the object and scope, detailed and placed on file supporting the operation and supervision rules, set up a special criminal case oversight body, clear standards for oversight of criminal cases to establish criminal case filing system and improve the supervision of criminal case advocacy networks, improve the placed on file monitoring program, placed on file monitoring system can enhance the operability and reduce arbitrariness. By giving the prosecution the right of prosecutors in the detection, investigation right to make recommendations directly to the power of arrest, the right to replace the investigators recommended the proposed transfer of jurisdiction and suggestions for punishment such as the right safeguards to ensure that access to effective supervision placed on file. The prosecution established the main level above the internal supervisory mechanisms, and to expand the scope of Itself cases of supervision and the establishment of filing and examination system is to improve the supervision system Itself cases an important way.