The Research On Procuratorial Supervise Of Quashing Criminal Cases

Quashing criminal cases is defined as litigation activities that investigative organs withdraw the cases which have been filed for investigation, terminating the investigation. Because the Criminal Procedure Law of People's Republic of China provides the systems of quashing criminal cases and rules for its supervision are too general, it leads to many issues in the judicial practice areas. However, this important criminal proceeding in the current theoretical circles and judicial practice areas does not attract much attention. Therefore, this article intends to analyze the current situations for quashing criminal cases and reason of issues based on expounding the relevant theories on the criminal cases quashing system, investigate the value of supervision on the procuratorial organs'operations on quashing criminal cases, propose the ideas on how to build up our monitoring system of quashing criminal cases, to establish considerations benefit to the improvement of the monitoring system.This article consists of four chapters. Chapter One, is to review the general theory, such as definition, nature and classification for the system of quashing criminal cases. Chapter Two, is to analyze the problems of quashing criminal cases in judicial practice and its main reason. Chapter Three, is to expound the necessity and lawfulness on developing the supervision system over the procuratorial organs on quashing criminal cases. Chapter Four, is to propose the details of improving supervision system of quashing criminal cases in our country, based on the experience learnt from overseas supervision system of quashing criminal cases and the author's personal working experience, and from the following aspects including its applicable conditions, supervision methods and establishment of relief procedure.