Procuratorial Supervision Of Criminal Proceedings

Over the years, the procuratorial organs in China have done a lot of criminal supervision work and the results are obvious to all people.Especially the revised Code of Criminal Procedure of Inspections has enhanced oversight functions, the effectiveness of the supervision has been greatly enhanced.However, the judicial system is hindered, the legislation and the judicial interpretation are imperfect as well as procuratorial agency itself is not perfect in the surveyllance work. All these reasons make the procuratorial supervision meet a lot of questions in practice, so the function of system is barely satisfactory. The procuratorial supervision of the procuratorial organs has taken a lot of attentionfromacademics, andalsoarose the argument about the existence or abolishment of the procuratorial supervision system. This article discusses the content and character of procuratorial supervision and the legal supervision firstly to explicitly expatiate the connotation of procuratorial supervision that its extension is narrower than the legal supervision and its purpose to the litigation procedure, as well the most important point iS that the procuratorial supervision iS undertaken by the special state organ. In succession of the important position of procuratorial supervision in the Code of Criminal Procedure, this article confirms the validity and rationality of the existence of the procuratorial supervision. The article discusses the nature of public power and its corrosive expansionary characters, so all powers should be restricted. The designation of Western countries' separation of powers system is based on the theory. But the system is not suitable for China's power system. China's two courts under the National People's Congress system needs the supervision power must be under the National People's Congress. Based on the comprehensive nature and the participation of the power of procuratorial organ, the supervision power that the procuratorial organ undertakes is in reason. The validity and rationality of the existence of the procuratorial supervision can not conceal the existing problems.Lots of problems exposed in almost every stage in the criminal procedure.The problems are that the methods of supervision is weak and simple and authority of the supervision organ is low. Because the authority of the supervision organ is too much, thesupervision power and the exertion of the power may be more or less affected. A11 these become the evidence to oppose...