Treatise On Criminal File Supervision

File supervision is a legal oversight from procuratorial organs, which is about the ligitimation of criminal file actions. File supervision, which is an important part of legal supervision of criminal procedure, is an important criminal supervision right of procuratorial organs given by The Code of Criminal Procedure. File supervision, which reflects the positive and initiative spirit of procuratorial organs' struggle with crimes, is a second distribution of constitutional right between investigational organs and procuratorial organs after the amendment of The Code of Criminal Procedure. Practically, performing the file supervision right by procuratorial organs plays positive role on reducing wrong law enforcement, preventing making incorrect cases, and guarding the citizens's personal rights, democratic rights, property rights and other legal rights. However, there are a lot of situations of unsmoothful supervision, low qulitity and bad effect in practical, which makes the legislative intent implementated badly, and the procuratorial organs can not implementate expected effect. The author researches the problems of file supervision and the countermeasures to solve them in this paper.This pape concludes three parts: the first part is about the overview of criminal file supervision, which mainly introducing the concept of file supervision in our country and defining the range of file supervision by defining the file standard; the second part is about the consisting problems of file supervision on legislatve and judicial practice and analyzing the reasons; the third part is about perfecting the file supervision system from legislation and judiciary by perfecting legislation, resetting the right of investigation supervision department, designing the procedure of file supervision, building inside work mechanism, etc.