On Prosecution Supervision In Criminal Procedure

Prosecution supervision in criminal procedure is one of the typical characteristics of China’s present system of criminal procedure, among which the prosection supervision system has both the function of security and relief and is an effective means for litigants to fulfil their right relief at the starting stage of the proceeding. A well-designed system can help secure the lawful rights of the litigants, enabling then to regain confidence in the law and reverence for the judicial authority. At present, our prosecution supervision system is far from mature, and there exist so many problems in practice that it may keep the litigants from achieving a result or even make them prosecuted by the nation, bringing troubles to the work of the judicial authorities. Meanwhile, when implementing their right of supervision, procuratorial organs are facing the embarrassment of lacking cases, evidences or effectiveness of work. On one hand, the lawful rights of the litigants can not be safely secured; on the other hand, procuratorial organs,as supervisors, may find their power restriced and cannot exert it to the full play. Therefore, it is of great significance to improve and perfect the system of prosecution supervision in criminal procedure. It may do good to correcting mistakes, protecting litigants’lawful rights, and restoring social order and justice. It may ensure that the judicial authorities properly apply laws and appropriately implement their obligations granted by the criminal law. It is also helpful in reducing the occurrences of petition letters and visits concerning procedure from their roots, thus safeguarding the stability and unity of the society as well as constructing a socialist harmomious society.Prosecution supervision is an important function of procuratorial organs, representing their monitoring mission granted by the Constitution. By accepting the tip-offs and accusation of litigants, or through the proceeding of their work, procuratorial organs can seek sources of supervision cases, guarantee judicial justice, protect the lawful rights of litigants, maintain social stability and safeguard the unified, proper implementation of the state laws. Having worked for years in the investigation and supervision department, the author has quite a knowledge as to the present situation of China’s prosecution supervision system, the significance of this function as well as how the work is carried out both nationwide and locally. Most proposals put forward in the thesis are aimed at the construction and implementation of this function.As the regulations of our criminal proceedings law are too abstract, there still exist various problems in the prosecution supervision system. Apart from public security departments, the objects of supervision should cover all the departments with the right of prosecution and investigation, including themselves. The scope of supervision should include the decisions in which prosecutions that should be made were not made, and vice versa. Besides those actual decisions, it should also include the whole process of the criminal lawsuit prosecution. In practice, procuratorial organs are also confronted with such problems as lack of the right to know, monotony of monitoring manners, coordination of the relationship betweens public security departments and procuratorial organs, in addition to the disturbance of performance evaluation.In perfecting the supervision system, we should first of all regulate the entity and requirements of process of supervision from the aspect of legislation, grant sufficient right to know to procuratorial organs, clarify its objects, scope and procedure of accepting, launching and effect tracing. Meanwhile, by granting the right of reconsideration to the monitored departments and requiring procuratorial organs to enhance the reasoning of their documents, we can govern the rightful and appropriate implementation of their right of supervision. In the meantime, we may exclude disturbances in pracice so as to make the supervision system work much more effectively.