Criminal Proceedings Procuratorial Supervision

The Prosecutorial agency, as the national law supervision institution, positively fulfills the supervision function which the constitution and the law entrusts with, legally carries out Supervision, effectively maintains the justice. Because of the flaw of legislation about criminal prosecution supervision and restriction of the Operation mechanism, the function of prosecutorial supervision does not operate as the designed. Any legal system ,changing from the static system to the dynamic practice, all is of a gradual legislation-perfect and the mechanism-sound process. This article , based on prosecutorial supervision concept, discusses the origin and development of the prosecutorial supervision, theoretical foundation,the realistic basis, the principles and its localization; It also initially researches the problems and the way to improve the supervision system of criminal litigation.The article constitutes of six parts, including introduction and five chapters. The introduction mainly elaborates author's goal of writing. The first chapter outlines the prosecutorial supervision. It analyzes concepts of the legal supervision, the prosecutorial power, the prosecutorial supervision ,three intrinsic relation among them ,and elaborates the relation between the sub prosecutorial power and prosecutorial power. Second chapter ,prosecutorial supervision's origin and development. It briefly elaborates the counterparts'origin and the development in the civil legal system countries, the common legal system countries, Russia as well as our country, analyzs development tendency of the overseas prosecutorial supervision system. The third chapter is about our country's prosecutorial supervision's rationale and the realistic basis based on above mentioned. Our country's prosecutorial supervision system is established on the Lenin law supervision thought, check and division of power, the people's democratic dictatorship theory, and takes our country actual situation as the backing. Further elaborating the prosecutorial supervision principle and its reasonable localization is involved in this foundation. The fourth chapter is about criminal prosecution prosecutorial supervision , the present situation and the existing questiones. It fully analyzs our country criminal prosecution, examines the supervision legislation at present and the practice situation, pointing out our country's criminal prosecution , examining the system flaws and the concrete question which the supervision exists. The fifth chapter consummates our country criminal prosecution to examine the surveillance system the conception. From consummated the legislation, constructs the mechanism, strengthens oneself restrains three aspects to construct the criminal prosecution to supervise the system to give own comment. Thought the legislation should be clear about the supervision principle, the expansion of supervision scope, the increase of supervision method, guaranteeing the supervision effect; In the mechanism construction aspect, this article takes the legal supervision theory as the foundation, including constructing the reasonable police -prosecutor relation, the consummating criminal appeal mechanism, establishing independent prosecutorial supervision department in the prosecutorial agency .