| Placing a criminal case on file for investigation and prosecution is a basic and independent procedure among all the legal procedures. It is a beginning of investigating a crime in the name of a country. Power, which is lack of supervision and control, will undoubtedly result in corruption. In order to ensure a proper carrying out of the right to place a criminal case on file for the main body for placing a case on file, to give punishment to the criminals and guarantee human rights and safeguard the unified and correct enacting of the law, a set of effective supervision systems on placing a criminal case on file for investigation and prosecution is especially necessary besides improving the quality of the main body of placing the criminal case on file for investigation and prosecution.This thesis consists of three parts. The first part is on the brief introduction on the supervision system of the placing a criminal case on file. There are a lot of statements in academic circles on the concept of the supervision system of placing a criminal case on file. Their main divergence lies in who is the organ to place a criminal case on file and how or what it should do .This is to say who should exercise supervision power, who and what should be supervised. According to the author, it refers to the supervision carried out by prosecuting organ is lawful .It is not only an important duty of prosecuting organ given by law but also an special order provided by core of criminal procedure .Placing a criminal case on file is within the criminal procedure. It gets together criminal investigation, judicial supervision and penalty implementation supervisory form into the supervision system, so all the supervision on placing a criminal case on file reflects the rights of the prosecuting organ .Because of the difference between placing a criminal case on file and criminal investigation, judicial supervision, penalty implement in content, stage and placing a criminal case on file order, is provided with the character of source, twofold and overall .The foundation of the supervision system of placing a criminal case on file will play an important role of ensuring judicature fairly, punishing in accordance with the law timely, safeguarding nations and the people's interests and promoting the socialist legal system .Its sphere of action lies in four fields .At first, it is to be advantageous to carry out the criminal law correctly .Secondly ,it is to be advantageous to carry out the rights of placing a criminal case on file for investigation .The third is to safeguard the people's legitimate rights and interests .The fourth is to punish judicial corruption and safeguard judicial fairness .The base of supervision system on placing a criminal case on file should be restricted by the rights .Condition of rights is the basic ways to guard against judicial corruption .At the same time, placing a criminal case on file is the concrete embody at the beginning of criminal suit .It can control one's abusing of power effectively .A series of rules about supervision on placing a criminal case on file have been made by the constitution of the People's Republic of China and other laws .The rules are imbued with the character of principle and macrocosm .The rules of the criminal suit laws is particular and in manipulation .All these rules form into the system of the placing a criminal case on file. On the other hand, the rules of the constitution and the criminal suit law become the kernel of legislation of placing a criminal case on file.In the second part of this theses , the author discusses the present condition and some problems of present supervision system in China .Although the present laws restrict the rights of the people by the supervision system on placing a criminal case on file, their sphere only lies in the condition which hasn't been put on record but should have been done. Nor have they in their wrong side. In judicial practice, the main points include safeguarding the position of prosecuting organ, being short of supervision consciousness. Many things account for the occurrence such as roots of thinking, mechanism and technology .All these have prevented the supervision system on the placing a criminal case on file from being established.In the third part of the thesis, a proposal was put forward as for perfecting the supervision system for placing a criminal case on file for investigation and prosecution in our country. The power and function of the system was clarified, and it is regarded an effective measure that can control effectively the authority to place on file a criminal case by the entity with the power, to prevent the abusive use of the power of placing criminal case on file, thus to punish the offence of the law, and guarantee human rights and protect the society. The perfecting of the supervision system should be carried out from the whole to establish a supervision system for placing a criminal case on file for investigation and prosecution that is conducive to the supervision system for the lawsuit of a criminal case. Therefore, the regulations of the general chapter and sub-chapters of the criminal procedure law are complementary to each other. Thus, the regulations, rules, and explanations carried out by public security, prosecuting and judicial organizations are unified at the legal level, which will result in: 1. The supervision objects and range of the placing a criminal case on file for investigation and prosecution will be enlarged. The objects under supervision will include the prosecuting organizations, people's courts, national security organizations, and military safeguarding departments as well as the jail administrative organs, which have certain rights on placing a criminal case on file for investigation and prosecution. Such criminal cases which shouldn't be placed on file but actually are placed on file for investigation and prosecution by the above entities are also under supervision. 2. The inquiry right of the prosecuting organizations is clarified. Such terms, namely, the entity for the placing a criminal case on file for investigation and prosecution should send related information on the happening of a criminal case, placing the criminal case on file, clearing up the case and solution of the case to the prosecuting organizations at the same level when it reports such information to its supervision organization at its upper level, should be added when revising the related terms. Therefore, a channel for the flow of related information will be smooth. 3. The standard for placing a case on file for investigation and prosecution was put forth. To balance the standard for placing a case on file for investigation and its supervision standard can avoid embarrassment and contradictions caused by different explanations, regulations given by different entities, which may hurt the authority of placing a case on file for investigation and prosecution and its supervision. 4. The procedures and responsibility of the placing a case on file for investigation and prosecution was clarified. The current procedure on the placing a case on file for investigation and prosecution and its supervision in the current regulations in Criminal Procedure Law of People's Procuratorates is put into the suit range in Criminal Procedure Law, and specific time was also given for every phase. At the same time, the rights, obligations of the entity of placing a case on file was also clarified together with the responsibility it should take when offending the obligations, and the organizations that can investigating them and the procedures they take were also suggested.The less case sources is the main element that hinders the supervision effect of the placing a criminal case on file for investigation and prosecution, besides the enlargement of the channel for supervision case sources. A new field should be developed for the prosecuting organizations backed up by legal procedures and measures. For example, people's legal consciousness and legal concept could be strengthened with law publicizing activities. The connection between administrative enforcement departments and the prosecuting organizations should be enforced to promote the effective cohesion of administrative enforcement and criminal sanctions. We can establish a regular visit system, set up an information network for supervision clues, and dredge the channel for the case sources, enforce an interior cooperative mechanism within the prosecuting organizations and unite the interior resource. A new work mechanism of placing a case on file with an accident can be put into trial, and to pay attention to the news media and gossips in the streets and such channels so as to extend the scope of case source.A unified document Regulations on Supervision of Placing a Criminal Case for Investigation and Prosecution needs to be enacted. Systems, such as establishing a memo of cases inspection, following up of the cases dealing, suggestion on punishment, regular joint meeting system, should be carried out to improve supervision procedure, measures, efficiency, to increase the operation possibility and reduce the casualness, thus to maintain the seriousness of the supervision system and its authority, to increase work efficiency thus to ensure human rights better and protect society and ensure a legally unified and correct service.The perfecting of the supervision system on the placing a criminal case on file for investigation and prosecution should rely on the perfection of the supervision system on criminal procedure. The principle and specific regulation should coordinate with each other on the whole. And the specific procedure should match other related procedures. Therefore, a supervision system on the placing a criminal case on file for investigation and prosecution can be established to accord with our country's situation and legal practices.
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