Study On The Case Supervision Of Duty Crime Cases

The case supervision of duty crime cases concerns not only the protection of criminal suspects’human rights, but also the precision of anti-corruption and the status of law’s ruling power in the domain of China’s criminal procedure. However, with or without intention, this issue is neglected from the implementation of The Criminal Procedure Law of the People’s Republic of China in1995to today and case supervision is basically defined as the People’s Procuratorate’ supervision over the legitimacy of the public security organ’s behavior. Currently, only the People’s Procuratorate Criminal Procedure Rules have established regulations about Criminal Prosecuratorate’s right to make suggestions to ZiZhen Department and reference supervision of superior procuratorates, which are both ineffective and lacking in potent external supervision. It is fair to say that the case supervision of duty crime cases is now nearly a blank. In today’s trend of large-scale anticorruption, in order to manifest procedural justice and the protection of human rights, problems related to the case supervision of duty crime cases call for urgent solutions. Considering all these, the author of this thesis has done fairly systematic research on the case supervision of duty crime cases, and proposed relatively potent suggestions about the reform of this issue, in the hope of contributing, though trivially, to the perfection of this system.This thesis contains approximately30000words and can be divided into4parts.The first part:the summary of the case supervision of duty crime cases. The author’s argument is organized as follows. First, the author reviews the demarcation of case supervision and clarifies the concept of duty crime case supervision considering the ideas presented later in the passage, in an effort to point out the foundation of procuratorates’right to supervise duty crime cases in the constitution and other laws. Second, starting from the features of criminal procedure structure and procuratorial authority, the author analyzes the defects and plausibility of the initiation of duty crime case investigation. Third, based on current theoretical achievements, especially those of power restriction, procedural justice, human right protection and power authority, combining with problems in duty crime case supervision as well as the plans of establishing internal and external supervision systems as joint force, the author strives to provide adequate support to the value of duty crime case supervision, enriching extant theories.The second part:the current situation, problems and causes of duty crime case supervision. First, the author analyzes the present condition of China’s duty crime case supervision. Second, on the basis of such analysis, major extant problems are summarized. Third, the present situation and causes of such problems are further explored, which mainly include relatively short history, weak power restriction and lack of effective external supervision.The third part:using duty crime case supervision in foreign countries as a background, the author studies the issue of duty crime supervision using comparison method, mainly inquiring into the judicial practices of Continental Law System and Anglo-American Law System, analyzing the different value pursuits embodied in those two systems, in an effort to conclude aspects that are inspiring to China.The fourth part is about the route of effective duty crime case supervision. It can be divided into3parts. First, the author will use a single part to renew the concept of the supervision of the rule of law, arguing the significance of the conception of the rule of law to the realization of it. Second, the improvement of internal supervision mechanism is discussed in the expansion of clue sources, the reinforcement of internal restriction and the enhancement of superior procuratorates’ supervision. Third, the improvement of external supervision is analyzed in following5aspects:strengthening the independence of people’s supervisors’ status, the judicial relief right that the accusants and informers are endowed with, the right of the hearing given to the criminal suspect, the protection of citizens’supervision and the establishment of the contact mechanism between National People’s Congress and members of the public, and the public mechanism of Commission for Discipline Inspection’s survey.The epilogue puts an emphasis on the rational attitudes toward the rule of law in case supervision, which should be combined with the practical situation of China, and learn from plausible practices in foreign countries, in order to establish internal and external supervision systems as joint force.