Research On Issues Of The Supervision Functions Of The Procuratorial Bodies In Criminal Lawsuit In China

With the furthering and deep development of Reform and Opening of China, China has entered its key phase of reform and a phase full of contradicts that caused by the crossing social conflicts. Accruing to the inspection practice of our criminal suit, there exists kinds of unfavorable factors that affect the construction of present criminal suit inspection system. How to deface those factors is the undeniable responsibility of the procuratorial bodies. The Chinese characteristics render our current procuratorial system to combine those conflicts under new situations and introduce reforms. By introducing victim-offender reconciliation and improving the rules within the process no prosecution, the effects of comply with the calls of the time and enabling the better execution of the supervising function of the procuratorial bodies endowed with the Constitution. The above issues are discussed by the author in the following aspects.The first chapter focuses on the present situation of the functions of criminal procedure of the procuratorial bodies. First, the author poses the problem existing now in faced with the procuratorial bodies when executing their functions. With the ful development of our economic and political system development and the readjustment and redistribution of social interest, some new and characteristics arising in the interior of the people, including the intensification of interest relationship, popular existence of public contradictions and the prominence of the conflicts between the leaders and the people. The increasing appeals for higher authority due to the malfunction of those concerning units and the deviation of understanding of people for the procuratorial bodies'supervising functions leads to the increase of cases which appeal to the non- procuratorial bodies. Secondly, procuratorial bodies should execute their functions which are based on the Chinese characteristics. The procuratorial bodies must embody their constitutional orientation by executing their own basic functions under presenting procuratorial system, and strengthen their functions by widening their channels and areas. Third, the procuratorial officers must have excellent conception of executing laws. The procuratorial bodies should set up advanced and scientific conception of law execution, so are the procuratorial officers. They should unify the beating of crimes and considering of the whole situation together.。With the beating of crimes, solving the contradictions, carrying out the policies, intensify the beating, sticking to the law and serve the people well. By unifying the effects of law and social effects, supporting to the leadership of the party and the supervision of the people, the procuratorial bodies should abide the route and policy of the party. In the second chapter the author makes an active research on the innovation and reform of the procuratorial phases. The procuratorial should establish the mechanism of promptly handling minor cases, and as to those cases whose situations are not complicated, facts are relatively clear, and the evidence are eloquent, the procuratorial bodies should shorten the procedure and the duration of handling. This can protect the rights of the suspects and prevent inappropriate events. This chapter also discussed the efficient ways of solving the case of the intermediate of procuratorial bodies and compromising settlement. The phases of detecting, arresting and suiting should be correspondent. In the case of compromising settlement, the author lists the scope and applicability of the compromising settlement, its main content. Special attentions should be paid that during the practice economic compensation is attached great importance while spiritual compensation and consolation are greatly ignore. The victims'opinion should be considered during the suit and agreement involved with both parties. Compromising settlement needs to be secured with proper procedures. Besides, the author also puts forward that the procuratorial bodies should establish and improve its fruits of innovation to ensure the long and systematic effects of the procuratorial system and raised a suggestion of building a scope of solving the contradictions and maintain stabilizations. To improve the system of no prosecution is a very import content of the innovation and reform of the procuratorial functions. The system of no prosecution is one during the suit, it embodies the basic value and deep content of the theory of procuratorial suit. It is in favor of the right of the parties involved and in accordance with the basic idea of the modern constitution. When discussing this part the author introduces the seasonal part of no prosecution in Japan and Taiwan and combines it with our present situation, evidencing the importance of employing the right of no prosecution when executing the supervising function.In the third chapter the author attach importance to the strengthen of the supervising function and actively expanding the new area of supervision of the procuratorial bodies. The Chinese characteristics of the criminal detective, indicated in case register supervision, detective supervision and judgment supervision. Concerned with case register supervision, emphasis and difficulties should be given more attention. Case register supervision is an improvement to the mechanism and procedure of the procuratorial suit supervision. Due to subjective and objective reasons existing during detective, many victims'rights are damaged and because they bear no recognition that the procuratorial bodies are able to solve their case, they often turn to the bureau of public safety to register the case. This requires the procuratorial bodies to strengthen their publication, and realize their supervision functions when dealing with cases and expanding the influence to play their supervision function to the full.