On The Supervision Of The Trial The Prosecution

In recent years, the CPC Central Committee to strengthen legal supervision as an important part of the spirit of the judicial system, prosecution and prosecutorial theory of the reform of the system more and more theorists and practice circles. China's Constitution clearly stipulates that the People's Procuratorate is the country's legal supervisory authority. By the prosecution to litigation activities, the implementation of legal supervision, the Constitution and the law's Procuratorate, the important responsibility of our justice system, prosecutors an important feature of the system. In the current judicial reform, how, in theory, the legal supervision of the prosecution position is the central task of procuratorial reform. To strengthen the prosecution of the trial, the prosecution of legal supervision and supervision is an important part of this paper, the use of analysis, comparison and theory with practical ways to argue the prosecution trial of our issues related to supervision, with a view to establishing a court trial the prosecution branch oversight the necessity, feasibility, perfect trial, the prosecution supervision system to promote judicial reform, to achieve justice have been helpful. In addition to Introduction and concluding remarks outside the text, divided into three parts, its structure as follows:The first part, why the prosecution trial supervision should be strengthened. First of all, the trial an independent meaning can be external and independent judges, judges within the court system, individual independence and the independence of be understood in three aspects. Although judicial independence as a modern rule of law established the basic principles, but must be exercised under the principle of separation of powers, judicial independence can only be limited to countries in the judicial field, its independence is a relative term. Judicial independence should be to monitor the condition: strengthening the judicial supervision is the rule of law require the separation of powers; it is to achieve social fairness and justice requirements; is the status of the request made by the judicial practice; it is the provisions of the constitution and laws of the People's Procuratorate, the implementation of the legal oversight functions . Second, the extra-territorial Two Schools of judicial reform, trends show that the separation of powers with checks and balances to achieve the type of trial supervision, is a scientific checks and balances between the powers of inspection and supervision over the trial of China has a positive significance. Finally, the nature of China's prosecutorial power is exercised by the prosecution on behalf of the State the right of legal supervision, is in China's state system, political system and national conditions, the learning experience of the former Soviet Union, reasonable absorption of Lenin's theory, the formation of legal supervision. To strengthen the supervision of the trial the prosecution has a practicality: inspection and supervision over the trial monitoring of equality between the main body does not undermine the equality of both prosecution and the defense will not undermine the authority of courts to strengthen inspection and supervision over the trial in the current judicial status quo and judicial practice has a positive meaning.The second part, the prosecution trial supervision status and problems. From the legislation point of view, China's current criminal prosecution of relevant legislation explicitly as China's legal supervision organs, and provides advice to correct the law and the prosecution and other supervisory measures and means of protest and its related procedures and effectiveness; China's inspection and supervision over the performance of the overall supervision of the trial Afterwards, several forms of supervision. Because the law with the principles and abstract, fragmented legislation, general, making the prosecution in the judicial practice, we can not effectively fulfill their legal supervision, do not have operational. Secondly, from the current situation of the judiciary, the last five years, China's inspection and supervision of criminal trial work and achieved certain results which, while in practice there are many deficiencies and difficulties. Finally, for the current status of legislation and judicial practice of China's situation, pointing out that China's current trial, there Supervision in the following shortcomings: inspection and supervision system and the legislative fragmented, general; the trial prosecutors involved in the lack of specific systems; inspection and supervision over the means weakening the force of law; Retrial Reason provides a fairly comprehensive; a lack of awareness of prosecutors and other legal supervisory personnel.The third part, the prosecution tried to improve the supervision system. This section based on the first two parts, the prosecution put forward a sound monitoring system a few ideas. In order to prevent a judge to prevent judicial corruption and judicial abuse and the frequent occurrence of the authority to uphold the law and judicial fairness and justice, first of all, it should improve the inspection and supervision of the legislative system to increase the supervision of the contents of the trial the prosecution, such as the jurisdiction of the trial, the trial against the prosecution of the principle of restraint regulations to strengthen and private prosecution cases of summary and the death penalty review proceedings to participate in the inspection and supervision, clear access to the prosecution and investigation procedures, clearly gives prosecutors the right to exercise the sentencing rules, as well as the Judicial Committee of the Prosecutor supervision. Secondly, the further reform of the criminal prosecution trial supervision protest mechanism, ex post facto oversight mechanisms. Finally, improve the law to correct notice to protest the system of re-trial the prosecution trial supervision measures effectiveness.