On The Perfection Of Legal System Of Criminal Supervision In China

Criminal case filing is a legal supervision duty, For a long tim e, The theory and practice of criminal case filing supervision and it s legal system has much research work,Criminal case filing supervis ion generally refers to the procuratorial organs in accordance with t he law for criminal case filing legitimacy to initiate an activity of t he subject of legal supervision, In our country, this is a specialized legal supervision of the people’s procuratorate. Criminal case filing supervision and its legal system has a natural connection relations, Criminal case supervision is related to the criminal case filing sup ervision legal system of the sum of all the legal principles and rule s. This paper focused on the criminal case filing supervision legal s ystem, Through the study found that most of the countries around t he world about the content of the criminal case filing supervision 1 egal system should include the principle of supervision, supervision subject, object, scope of supervision and supervision procedures. Sys tem Settings usually has a specific meaning, in terms of criminal c ase filing supervision legal system, it have a positive role in the hu man rights protection, fairness and justice, power restriction, punish corruption, unified under the rule of law.In our current criminal case filing supervision legal system in t he legislation form the foundation for the constitution, the criminal procedure law as the core, other relevant laws and regulations the 1 egal system of the judicial interpretation for auxiliary. Among them, in addition to the relevant laws and regulations in the judicial inte rpretation of the principle of criminal case filing supervision legal s ystem has made, there are many operable program rules. Based on the sorting of these laws and regulations and judicial interpretations, can clear the basic content of current criminal case filing supervisi on legal system in China, is the public security organs of the peopl e’s procuratorates shall initiate an investigation and not initiate an i nvestigation and should not be put on record and filing or public s ecurity organ refuses to accept such a deal with the victim of the 1 egal supervision, But there is only one law in the criminal procedu re law or article 111 of criminal case filing supervision and oversig ht of the subject, object, scope of supervision and supervision progr am made a brief, Or other related laws and regulations and judicial interpretations made no clear regulations or due to rates are not hi gh, but the law lead to the people’s procuratorate in criminal case f iling supervision work encountered many difficulties, The current ex isting problems mainly is divided into two aspects:On the one han d, is a basic content is not complete, criminal case filing supervisio n principle in the law the provisions of the incomplete or lack, app lication deadline is not clear and the lack of a people’s procuratorat e criminal case filing supervision and review the content. On the ot her hand is reflected in the current unreasonable criminal case filin g supervision of specific provisions, such as no other subject has th e right to criminal case filing in China in the laws and regulations, supervision, no effective coverage to criminal case filing main bod y of case, the people’s procuratorate for investigation in the exercis e of criminal case filing supervision power limitation and lack of n ecessary right to know and to the public security organ shall not c ooperate or illegal ACTS against the lack of coercive power.To solve these problems, we must constantly improve and perf ect the legal system of criminal case filing supervision in all kinds of content, This paper have put forward relevant perfect suggestion mainly from the following several aspects:One is the basic conten t of perfecting the legal system of criminal case filing supervision, to perfect the principle of criminal case filing supervision and incre ase, for the duration of the criminal case filing supervision and exa mination shall be clear and complementary; The second is the speci fic regulations on criminal case filing supervision, expand the object and scope of criminal case filing supervision, gives punishment en forcement power of the people’s procuratorate is more powerful and suggests jurisdiction or Suggestions to coercive power, etc. Finally, I hope that promote the further development of our country crimina 1 case filing supervision legal system through these Suggestions.