Study On Supervision Of Criminal Case Filing

The supervision of the criminal record which is an important obligation endowed by the law has made a positive attribution to maintain the unity and justice of the law, hit the criminals,protect the human rights, keep the social stability and harmony. But due to various of reasons, the legislation of the supervision of the criminal record is imperfect. Therefore, the work of the supervision faces up with many problems and difficulties, attributing to the imperfect quality, result and efficacy. Strengthening the study further on the supervision of the criminal record with practice is helpful to perfect the system and the obligation of the supervision of the criminal report theoretically and practically. Abiding by the mode of combining the theories and practices, the thesis would analyze the full and detailed data and cases from the whole country and Sichuan province, check the existing problems while utilizing the supervision of the criminal record, find the causes and solutions, predicate the effect and propose the suggestions according to the latest law, the issues of the supervision of the criminal record by the Supreme People’s Procuratorate and the Ministry of Public Security.There are more than 20,000 words, including five parts in the thesis without counting the introduction and conclusion.The first part is the introduction of the supervision of the criminal record. Basing on the concept, the author analyzes its character, function and practical significance, points that it is a supervision of relief, origin, enforcement, procedure and entity. The function is to prevent the abuse of the power of criminal record, to correct the judicial injustice during the process of investigating the criminal cases, to guarantee the right enforcement, to realize the justice and fairness. The supervision of the criminal record is to punish the crimes and ensure the enforcement of criminal procedure, to protect the party’s legal rights and prevent the cases of injustice, to run the country well with legislation and keep the judicial justice. The second part is a study on the theory basis of the supervision of the criminal record.The supervision is the indispensible part in the whole procedure of criminal litigation. The supervision of the criminal record by the procuratorial organ is endowed by law, which can monitor and supervise the criminal record by the department of public security.The third part is to analyze the supervision of the criminal record according to the law and practice.In this part, the author gives a detailed description of the issues about the supervision of the criminal record in the constitution, the criminal procedure law, the judicial explanation and the newly regulation the issues of the supervision of the criminal record by the Supreme People’s Procuratorate and the Ministry of Public Security.With the full data, the author analyzes the recent situation of the supervision of the criminal record in the whole country and Sichuan province and points that although the supervision of the criminal record has been improved greatly there are still many difficulties and problems, such as the imperfect legislation, the less channels of getting clues about criminal record, the poor quality unbalance of the supervision of the criminal record. Meanwhile, the author researches the depth reasons form the laws,the procuratorial organ, the public security organ and the cases themselves.The forth part introduces the new regulation the issues of the supervision of the criminal record by the Supreme People’s Procuratorate and the Ministry of Public Security and evaluates it.According to the regulation about the supervision of the criminal record, the author points that the new regulation has been making breakthrough in the following aspects:the scope of supervision, the channels of knowing the facts, the power of investigating illegal acts by the procuratorial organ, the clear-cut of the further supervision, the quick procedure, the enforcement and the standardization of the supervision. Meanwhile, from the view of the long-run judicial practice, the author thinks the regulation would decrease the case numbers and the enthusiasm of the supervision of the criminal record. So, the practical effect will be tested by the practices.The fifth part proposes some thoughts on how to strength and perfect the supervision of the criminal record. The author points that basing on the regulation about the supervision of the criminal record, we should set up the four disciplines: the unity of overall supervision and focal supervision, the unity of supervision and cooperation, the combination of supervision by the people’s procuratorate and the department of the public security, the unity of the quantity and quality, the effect and efficiency, the mistakes correcting. We’ll improve the system of evaluation, strength the team of supervision, enhance the inner cooperation of the procuratorial organ and the public security organ and advance the work of the supervision of the criminal record.