Study On Criminal Case Supervision Of Procuratorial Organ--Theory, Current Situation And Establishment

For the past few years, the concept of building a socialist country under the rule of law of our country is gradually mature with more sound laws and regulations, and under the scientific theoretical direction, the judicial practice of our country increasingly meet the requirement of openness, fairness and impartiality. As one important function of legal supervision of the procuratorial organ, the supervision of criminal record reflects not only the inherent requirement of the governing strategy of rule by law, also the higher requirement of the principle of modern democracy. Compared to other legal supervisory activities, the performance of the duty of supervision of criminal record comparatively fall behind and the research on supervisory mechanism of case is still inadequacy, which lead the procuratorial organ to be difficult to realize the due legal effect as expected in specific operations. For that reason, the author aims to rethink and explore several issues of the criminal case supervision system of our procuratorial organ.This thesis is written mainly from the perspective of criminal procedural law and uses the method of comparative study to analyse the legislation and judicial practice of case supervision at home and abroad, through whose advanced practice to perfect the criminal case supervisory system of our country.The first chapter is to make the theoretical definition, clarifying the concepts related and dividing the types in the theory of case supervision to make clear the basic issues of it.The second chapter is to analyse the legal functions of case supervision from the perspectives of substantive justice, procedural justice, assurance of human rights, objective justice and restriction to judicial power, which plays an irreplaceable role in optimizing distribution of judicial powers, fighting against crimes accurately and judicially and safeguarding the legitimate rights of the citizen, legal entity and other organizations.The third chapter is to analyse the current situation and problems exisiting in the criminal case supervision of our country. This part makes a contrastive analysis about the statistics of the national criminal case supervision and selects the representative procuratorate of the basic level as a sample of positive analysis from the microscopic view.The fourth chapter is to compare the criminal case supervision of two different law systems to study its general law as the foundation to perfect that of our country.The fifth chapter is to put forward the suggestion to standardize the criminal case supervision of the procuratorial organ of our country. According to the legislative defects and the problems in judicial practice, the author gives the proposal to perfect the laws and regulations and the working mechanism of case supervision, to intensify the consciousness of supervision, enrich the approaches of supervision and to strengthen the specialization of the subject of supervision.