The Position Of The Criminal Trial Supervision And Bottom-line Analysis

Criminal trial oversight function plays an important role in theprosecution of the configuration of power, not only embodies the modernconcept of exercise of the balance of powers, but also fair and impartialjudicial protection. Constitution of China’s procuratorial organspositioned as the state organs for legal supervision, from the specificrequirements of the Code of Criminal Procedure and other relevant laws,the prosecution of the functional configuration also includes themaintenance of law and fair, impartial legal supervision properties. Butfrom the practical point of view, we procuratorial organs in the criminaltrial supervision still largely ineffective oversight, clear positioning,can not give full play to the law of its unique functional value, whichwould seriously affect the judicial fair and equitable, and the legitimaterights and interests of the suspect, the accused can not be effectivelymaintained. The procuratorial organs function of legal supervision urgentto be fully addressed and strengthened in order to play its due role oflaw which it was designed. This paper mainly focus on the departure from the basic value targetsestablished by the procuratorial organs, to summarize the academic worldthe questions raised by judicial oversight functions for theprocuratorial organs, procuratorial organs weaken the function of legalsupervision and out of position analysis. Based on the existing legalframework, starting from the basic value targets, bypassing thetheoretical point of contention, compared with prosecutors concept ofobjective obligations, combined with the hot cases anatomical analysis,to explore the prosecution in the criminal trial supervision processposition underlined grasp. This article is divided into four parts layerby layer position on the prosecution in the criminal trial supervisionshould have the baseline analysis:Part1: Introduction procuratorial organs criminal trial supervisiontheory point of contention from the three aspects of the supervision andproperty, the contents of supervision and oversight path on China’scriminal trial supervision problems encountered in theory and practice,and practice to show one by one.Part Ⅱ: The recent prosecution efforts to seek a breakthrough, tostrengthen the supervision of criminal trial practice explore. Based onthe existing legal framework, configuration optimization functions,explore the reform of sentencing recommendations to strengthen theprosecution recommended that the exercise of power as well as enhancetheir own protest ability of four aspects of innovative exploration andthe results achieved.Part Ⅲ: from the configuration of the prosecutorial power to proceedwith the analysis of the connotation of prosecution of legal oversightauthority, with the concept of objective meaning of the Prosecutor furthertwo to discriminate, further analysis of the current caused by theposition of the procuratorial organs Deviation, the bottom line of causes, and ultimately established by the prosecution in the criminal trialsupervision should uphold the position of the bottom line.Part Ⅳ:combined with Zhanggao Ping, Zhang Hui analysis of the casesthe prosecution in the criminal trial process from the investigation tothe examination and prosecution, trial and then to the implementation andalmost all the links are stored in the absence of oversight functions andvirtual phenomenon, and case as an example to analyze the underlyingcauses of these results. Further emphasized that the prosecution in acriminal trial to adhere to the correct position and stick to theimportance of the bottom line.