On The Procuratorial Supervision Of Criminal Detention

The2012amendment to the criminal procedure law, further strengthen the legal supervision of procuratorial organs in criminal procedure, the criminal procuratorial power configuration, strengthen the procuratorial organs in criminal procedure law supervision system and measures. One of the compulsory measures taken into custody as restriction of personal freedom of criminal, is likely to endanger the personal rights of citizens, but in the judicial practice of our country criminal detention exists many problems:first, criminal detention period and the period of detention confused, criminal detention decisions of administrative, criminal detention often lead to extended custody state; second, criminal detention should be used as emergency, as in criminal cases, normal, or even develop into the arrest "procedures"; third, the implementation process of the criminal detention procuratorial organs of the legal supervision measures are not in place, the procuratorial organs can only supervise the legality of criminal detention by the procuratorial proposals, notice of violation and the examination and approval of the arrest of time.The author starts with the analysis of the concept of legal supervision, judicial supervision, supervision, criminal detention prosecutorial supervision, the theoretical basis of the development of legal supervision in China’s "criminal law" and China’s legal supervision, combined with the criminal detention procuratorial judicial present situation, proposes several suggestions to perfect our criminal detention procuratorial supervision.The first chapter carries on the analysis to the related concept, starting from the definition of basic concepts, and through the law on the legal supervision of procuratorial organs, regulations, research on the development of legal supervision, and the combination of the former Soviet Union legal supervision theory, China’s traditional supervisory thought and Western balance theory, the legal supervision of the full range of localization.The second chapter studies in criminal detention in the legal provisions and judicial practice, criminal detention procuratorial supervision and existing problems, the study demonstrates the value of this paper.The third chapter through the analysis of the prosecutorial supervision of the criminal detention, necessity to strengthen supervision, put forward its own proposals on perfecting the supervision of criminal detention procuratorial Chinese characteristic, hope that the judicial reform to make modest.