Supervision Of Criminal Case Filing Problems And Solutions

The criminal case is the initial stage of the criminal proceedings, is also key steps to carry out a criminal investigation or trial. China Criminal legislation as early as1979, it will be placed on file to be provided as a separate stage of the proceedings, which also laid a criminal case supervision an important position in the whole course of criminal proceedings. The criminal case supervision is an important duty of the Criminal Procedure Law of the People’s Republic of China in1996modified giving the procuratorate, and it is to a certain extent on the fill blank procuratorial organs to exercise legal supervision over the criminal case, the attorney supervision the functions true throughout the entire process in criminal proceedings.In foreign criminal proceedings, most countries will not be filed as a separate stage of the proceedings, so there is no the specialized criminal case oversight provisions. China’s Criminal Procedure Law provides that a criminal case is the initial stage of the criminal proceedings, is also independent of the stage of the proceedings, it is a necessary procedure to start criminal proceedings and go to the next stage of the proceedings, marking the start of the criminal proceedings. The criminal case in accordance with the law, two important functions relevant to the criminal law of social protection and the protection of human rights can be achieved."This will lay a criminal case supervision throughout the course of criminal proceedings. Criminal super as a check and balance and restraint, designed by the prosecuting authorities and the rational allocation of the criminal case body and interactions, and establish a scientific and rational criminal proceedings mode, prevent and correct the deviation and mistakes criminal in order to achieve litigation justice."However, with the deepening of the practice of supervision, the criminal case supervision exposed flaws in the judicial practice has become increasingly prominent, such as oversight object is a single, narrow scope of supervision, such as poor supervision channels. It is precisely because of the existence of these problems, which makes supervision in our country can not be carried out smoothly. Unfortunately, the newly revised Criminal Procedure Law still does not solve the problem of supervision procuratorial organs in carrying out supervision encounter a lot of resistance. This article tries to discuss issues related to the legislation and practice of China’s criminal super, in order to further improve China’s criminal supervision system.The full text of six parts, including introduction, body, conclusion of which the body is divided into four parts:The first part describes the overview of supervision of the criminal case. By comparing the theoretical community supervision concept of the criminal case, summed up the concept of supervision, the characteristics of its value.The second part describes the provisions of the criminal supervision system. Analysis of oversight of the program, the scope of its standards, to lay the foundation for the discovery of the problem.The third section describes the problems found in China’s criminal case supervision. Analysis, through this series of questions in order to find appropriate solutions.The fourth part of the supervision of China’s criminal case perfect. The analysis of problems and proposed solutions to the problem.