Criminal Trial Examination Supervising Mechanism Research

In China, the People's Procuratorate, as the country's legal supervision organs, long-term positive performance of the constitution and the law of the supervisory functions in the administration of justice at all stages of activity bear important responsibilities. This article is only a criminal trial the prosecution to explore the status of oversight mechanisms.China's Criminal Trial Attorney oversight mechanisms has its specific historical causes, in reality the operation of the process, although to play an effective supervisory role, but also severe challenges. Criminal legal system in our country, the criminal trial jurisdiction for the prosecution of the benign supervision of operations, so as to maintain fairness and justice plays an irreplaceable role. In recent years, law experts, particularly in the procedural law scholars around the exercise of jurisdiction over litigation supervision, particularly the prosecution, to oversee the supervision of the main questions of the prosecution launched a lively discussion. Some scholars from the West Country's "separation of powers" theory, to the prosecution and the defense of equality, the principles of the trial on grounds of neutrality, prosecutors denied that the legal supervision of the constitutional status and the legal supervision of the legitimacy, of which the prosecution at the various functions, the trial oversight functions are the most widely questioned powers.This article in the first chapter of a criminal trial the prosecution of the concept of monitoring mechanisms have been defined, our country should adhere to clearly put forward the prosecution of criminal justice supervision, so that this study set up at a clear position on reunification; will use the legitimacy of the principle into the trial procuratorial and supervisory mechanisms, analysis of the prosecution of criminal justice supervision mechanism of the legitimacy of the existence; chapter separately from the criminal justice supervision of the main body of the prosecution, the object, start, procedures, security, and other five areas, described the prosecution of our criminal justice supervision mechanism the status quo; Chapterâ…¢of further criminal trials of our country the status of oversight mechanisms to reflect the current situation and analyze the problem found in the reasons for that; the fourth chapter in legislation and practice problems, put forward a sound proposal.