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The Research On Supervision Of Filing A Criminal Case

Posted on:2009-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y L XiangFull Text:PDF
GTID:2166360245990510Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The supervision of filing a criminal case is the important role of the people's procuratorate given by Criminal Law. Nowadays there are serveral different views of the connotation of the supervision of filing a criminal case. I express my opinion about the supervision of filing a criminal case though analyzing the serveral types. I think that the supervision of filing a criminal case is the supervision that the people's procuratorate whether the public safety and the people's court's the activity of filing a criminal case is lawful or not, and the decide on filing a case is right or wrong. By analyzing the situation of the system, explore the problems of the system of criminal filing a case, no matter from the system or institution, the situation of implement, the efficacy of the supervision and the object of the supervision. I propose reform our country's system base own upon.This article have an analysis on the problems from the subjects of the power,the range of the supervision,the procedure of crimianal filing a case for supervision and the safeguard mechanism and propose some own opinions. First, do a rational submersion about the subject of the power, redefine the authority, suggest to give the people's procuratorate more power, such as the power of investigation,the power of the punishment and so on; next the object of supervision does not include the public safety, but also include the people's court,the people's procuratorate and other subjects; expound the range of the supervision should include the result and process of filing a case; then point out the problems of the procedure of filing a case for supervision, at the same time, I propose the better measures; at last, propose some safeguard measures about the quality of filing a case.
Keywords/Search Tags:failing a case, supervision of filing a criminal case, supervision of investigation
PDF Full Text Request
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