| Supervision over criminal case filing (SOCCF), as a new authority ofprocuratorate, has been researched on by the judicial officers as well as the scholarsfrom the day it was devised. Although the works on it has been piled up, most ofwhich are through the perspective of the drawbacks of legislature or are notresearched in depth rather than the practice such as guaranteeing its operation.Therefore, in order to put forward the system and methods to make the supervisionmore feasible, this thesis is guided by the theories of criminal procedure law and thejudicial practices.This thesis can be divided into3chapters.The first chapter intensively elaborates the common theories of the supervisionover criminal case filing and could be divided in to2sections. Section1evaluatesthe scientific contents of criminal case filing through the perspective of definition,legal foundation and feasibility as well as points that it is a supervision of specificity,origin, and procedure. Section2begins with the analysis on the definition and legalcharacteristics of the mechanism of SOCCF as well as considers that the SOCCF isthe remote cooperation and transition between the procuratorate and the subjectsexercising the case filing authorities ending up with the procedural value of SCOF injudicial practices.Based on zhe1st chapter, chapter2furtherpoints out the drawbacks andcontributing factors in criminal case filing. Section1introduces the scarcity ofresources,the vagueness of standard, the lack of supervision over the investigatingdepartment within procuratorate,the infrastructure of departments and the quality of personnel as well as the impotence of aftermath supervision over criminal case filing.The section2discusses the contributing factors of the above problems byemphasizing that the lack of relevant mechanisms makes scurrent supervision cannotfunction as devised.Starting from the perspective of consummating the SOCCF and the newlyenforced statute, Regulations on the Problems regarding to Supervision overCriminal Case Filing, the final chapter establishes the guidance of a procuratratorbased, multi-subjects participated and panoramic view-styled as well as authorityguaranteed SOCCF. It systematically and comprehensively reconstructs theprocedure of SCOCF through the aspects of consummating observing information,specifying the booting and the strengthening the continuous procedure and thesafeguarding of the mechanism. |
