The Systematic Theory Of Legal Supervision Program Of Building

The key to solve the practice problems of the legal supervision is to define the concept ofthe legal supervision,establish the legal supervision pattern and construct the system ofthe legal supervision effectiveness. It is of importance for the establishment of the legalsupervision pattern to research legal supervision procedures.Before constructing thesystem of legal supervision procedures researchers should define the concept of the legalsupervision precisely,including its intension and extension.Necessity of the legal supervision exists in our constitutional system and power structure.Decided by this constitutional system and power structure，the legal supervision can bedefined as a kind of power specially supervising the jurisdiction and the administrativepower by specific organs of state which is based on the sole and discrete powerstructure.And from the perspective of normative analysis, both of right of publicprosecution and duty crime detection power do not belong to the functions of the legalsupervision.Procedures of the legal supervision should be polynary and systemic, which isdecided by diversities of legal supervision practice over criminal proceedings. On thedifferent stages of criminal procedure，the organ of legal supervision directes towardsdifferent objects, and faces dissimilar problems, which interiorly demands legislatorsresponse them in different procedures. On the premise of defining the concept of the legalsupervision, a ideal legal supervision procedures system will be constructed through logicand theoretical analysis from multiple perspectives. Think personally, the ideal legalsupervision procedures system should include key factors as followings:carried out by aprofessional and special agency, aiming at the legality, apriori examination and approvalor subsequent supervision, structure of litigation, based on the passive supervision mainly,focusing on the key problems, rationally chosing active supervision and overallsupervision according to the practical need, and generating procedural legalconsequences,etc. Because balance type supervision violate the objective trend of the social division of laborsubdividing constantly, supervision of rationality violate basic requirements of powerbalance, synchronization supervision easily develop into supervision of rationality,supervision of administrative structure is clearly not conducive to verify illegal fact andprotect litigation rights of the accused,and substantive legal consequences defy thediscretionary space of the heterogeneouspower,all of them should be questionable andnot be choiced to construct the system of legal supervision procedures.Believe in that only through rationally analyzing, reviewing and defining legal supervisionforms from multiple logic and theoretical perspectives, can main frame of legal supervisionprocedures system be highlighted precisely, and can operation procedures of legalsupervision be differentiated effectively.