On Criminal Case Supervision

Placing a case on file is an independent stage in china's criminal procedure. However, too much authoritarianism in the exercise of this power results in illegal activities extremely easy. Authorized the power of supervision by law, people's procuratorate supervise all activities of criminal lawsuits. As one of the most important supervisory responsibilities, supervision over placing a case on file, together with the supervision on inspections, adjudications, judgments and executions, constitute the supervisory institute of procuratorate. Supervision over placing a case on file, as a significant composition of the supervisory system, is the primary section to enhance and perfect the supervisory system and guarantee normal functioning in criminal procedures. However, due to the coarse design of rules and regulations, the effect of the exercising of supervision over placing a case on file was not so good as designed in the past 10 years. In order to find out the causes of ineffectivity, the author spent 3 months investigating the practical situation of this supervisory authority by stepping into the frontline of criminal proceedings. Three grassroots procuratorates in areas of different economical level were selected as research cases. Through those case studies, the author finds out some social and practical factors that restrain effective exercising of supervision over placing a case on file and proposes a series of countermeasures for this procedure.At present, the defects of supervision over placing a case on file can be summed up as the following four aspects. First of all, the object of supervision is unclearly defined and the purview of authority is indefinite. The new criminal procedure law only takes illegal acts of public security bureau under its supervision. While there is no such regulations in the criminal procedure law as in the Criminal Procedure Rule Of The Procuratorate for increasing illegal interfering into civil disputes and unnecessary placing a case on file of public security bureau. Besides, procuratorate lacks the responsibility in supervising process. In the practice of judicial actions, supervision over placing a case on file is just considered as an index of performance...