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The Research On Supervision Of Filling A Criminal Case

Posted on:2013-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:L YangFull Text:PDF
GTID:2296330362463925Subject:Law
Abstract/Summary:PDF Full Text Request
Prosecution is an important stage in criminal proceedings, to placing a case on file intime can punish the crime timely and accurate, and protect the interests of victims. In practice,however, The public security organs, there are many situations of illegal, the law gives thepupervisory system the right of supervised the public security organs’ activities, timely andeffective monitoring can be avoided when a lot of judicial error, but also well maintained thelegitimate rights of citizens. Therefore, the supervision of the criminal case is very importantsense, the case does not prevent The public security organs have established, the guilty are notpunished, the punishment of crime and maintenance of civil rights, safeguard social fairnessand justice, promote social harmony and stability. However, in actual operation, the results arenot satisfactied, the greatest degree of oversight functions did not play, but also a waste ofjudicial resources. This results in addition to the monitoring system of rough, but alsolegislation, man-made variety of reasons.I spend three months of practice, in-depth the issues placed by The public security organsin the basic situation and the prosecution case in the general supervision of the analysis,in-depth analysis of the prosecution of the the public security organs in the oversight processproblems found that the reasons causing the situation today, the most prominent is thelegislative gaps and abstract, followed by the lack of mandatory legislation, The prosecutionagain is the practice of filing internal oversight mechanisms causes defects in communicationbetween the public security organs and the pupervisory system is not smooth. procuratoratesupervision of the legal uncertainty and supervising the work has led to poor supervision andlack of rigidity of the actual result is not so prominent. Accordingly, the author and madesome suggestions and solutions, primarily for the criminal case is to improve the legislation toprovide more comprehensive supervision and the legal basis for the establishment ofprosecutors to guide the investigation system, improve the coordination mechanism for bothdetectors and build a criminal case in the accountability system procedures and to improveour monitoring system placed the concept of expectations placed on China’s criminal law oversight issues related to the re-modification have been helpful.
Keywords/Search Tags:supervision over placing a case on file, criminal action law, placing a case on file, the public security organs, supervise, the prosecution
PDF Full Text Request
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