Study On Supervision System Of Criminal Case Filing

Supervision of criminal cases filing given by the Code of Criminal Procedure" is a kind of new power to the peaple's Procuratorate .It is monitoring the investigation, trial monitoring, the implementation of supervision together to build the prosecution of criminal cases a complete monitoring system, so that the full significance of the establishment of the People's Procuratorate on the legal supervision organs, so that the whole process in criminal proceedings under legal supervision. File is the beginning of China's criminal procedure, which is directly related to a case whether or not to enter the investigation process. Therefore ,the legitimate is directly related to the extent of efforts to combat crime and the extent of the protection of human rights. Case since the establishment of monitoring system, to some extent make up for the case on stage in this legal gap unsupervised. However, our country at the file monitoring system flawed legislation, and in judicial practice there are also problems. Based on this, the author had a relatively systimetic stuy on the supervision of criminal case fling and reform shallow proposals, in the hope of improving the supervision system of criminal case filing to do a little modest in our country.The full text is divided into four parts, the body parts of more than 30,000 words.Part one: The basic principles of criminal cases fling supervision. In this section the author focus on a few points about the content of the introduction: First, combined with China's judicial practice and theoretical point of view, the criminal case fling against our country the concept of monitoring system as defined in, and our country a criminal case fling on the characteristics of the supervisory system. Criminal cases that the supervision system and supervision of the criminal investigation, criminal justice supervision, and criminal enforcement authorities, compared with external command and non-alternative, are the source of supervision, rigid supervision, after the supervision, oversight entities. Second, the author based on the existing "Code of Criminal Procedure," the provisions of supervision of the criminal case fling on the object and pointed out that the prosecution of criminal cases have the right to file for the activity of the organs of which monitors the activities of that criminal case fling to define the scope of supervision Third, the supervision of the criminal case fling the right to discuss the nature and effect. Discussed the four criminal cases in our country is currently monitoring the quality standards.Partâ…¡: China's criminal case fling of the significance of monitoring system. First, achieve fairness and justice, the inherent requirement of the rule of law; Second, criminal purpose and achieve the required value; Third, to follow the trend of the criminal system development; forth, to prevent the abuse of judicial power, the reality of the interests of justice required; fifth, citizens have no solution to an important way to complain.Partâ…¢: China's current criminal case fling on the monitoring system status and existence of legislation to carry out an analysis of the problem. There are two levels. First, based on our country, "the Constitution" and "Code of Criminal Procedure" to discuss the provisions of criminal cases in China the status monitoring system. In the first two levels are the basis of our country on the criminal case fling further pointed out that problems in the supervisory system. Mainly include the following: 1. Supervision of a single case of source channels; 2. prosecution case on file for lack of supervision; 3. File the scope of supervision is not clear enough; 4. File for lack of supervision of the Governor's legal protection; 5 . file monitoring program standards are not perfect; 6. procuratorial organs has been the lack of sense.Partâ…£: on how to improve our system of criminal case filing supervision and put forward the concept of supervision.First of all, set out in criminal cases is to improve the supervision system and the theoretical basis of the principles should be followed. Theoretical foundation, including: 1. Procedural justice want 2. File authoritative supervision. Should be guided by the principles include: 1. To the Attorney-oriented multi-supervisory oversight principles 2. The overall supervision of the principle of 3. Oversee the protection of the principle of authority.The second is to improve the supervision of the recommendations of criminal cases, mainly from the perspective of legislation and mechanisms to improve on, including the following points: 1. Clearly the target of a criminal case fling and the scope of supervision; 2. To broaden the source file for the case of channels of supervision; 3 to strengthen the supervision of criminal cases legal protection; 4. to establish an independent supervisory authority file, the monitoring function Secretary Incorporated 5. to strengthen the prosecution case file for the supervision of 6. corresponding case file rather than to detect and guide the implementation of the Attorney 7. to establish procedures for monitoring in criminal cases filing norms 8. additional follow-up monitoring procedures.