| According to our country constitution and relevant law's stipulation, the People's Procuratorate is the national legal supervision institution, it is authorized to People's court's judicial activities, Public security organ's detection to carry on the surveillance, is one kind of special legal supervision. This is the nature which in the world any country's Procuratorial agency does not have now, has under our country characteristic state form's unique product. The Procuratorial agency through exercises puts on record the supervisory authority, the detection supervisory authority, the trial supervisory authority, to carry out the supervisory authority, method implementation legal supervisions and so on crime by taking advantage of duty detection power, has the technicality, the independence, to keep in balance natural, procedural, inspector general scope characteristics and so on specific. But as a result of the legal rule principle, operational is not too strong, therefore our country "Law of Criminal Procedure" stipulated legal supervision system existence obvious insufficiency: If the legal supervision content incomplete, the surveillance method is unitary, questions and so on surveillance lag. In the above question serious influence criminal justice the legal supervision function's display, for the full display legal supervision's function, realizes legal fair, defends citizen's legitimate rights and interests, must carry on the thorough analysis to our country legal supervision system. Through the analysis legal supervision's characteristic, the present situation and the insufficiency, proposed that the consummation legal supervision's method, provides the beneficial reference by the time to our country's legal supervision system reform. |
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