On The Prosecution Supervision In Criminal Proceedings

Prosecutorial supervision is a dedicated power of the Procuratorate. According to the law, the procuratorate have the right to supervise the investigation, adjudication and execution in the criminal procedure, which enable the procuratorates to inspect if the supervised execute the judicial action under the requirement of the law and violate the law. So the procuratorates can balance the public authorities in this way and meet the legal demand of citizen better. In recent years, our country put more and more emphasis on developing the law, deepening and pushing the administration of justice. Currently, how to locate the supervised position of the procuratorates, what kind of problems exist in the operation process of the inspection and how to resolve this problems was paid close attention by the judicial circles under the special legal circumstance. Also, it is the problem which should be resolved in the judicial reformation. In this article, the author demonstrate opinions by making the example, analyzing the fact and putting the theories in to the practice, hoping for making the contribution to the deepen and accelerate the law reformation. This article is divided into three parts:In the first part, it is the overview of the criminal prosecutorial supervision. Firstly, locate the prosecution under the constitutional system. According to the provisions of the Constitution, people’s procuratorate is the supervisory authority of the law and it has the right to implement the inspecting and supervision function in the criminal procedure. Secondly, explore the Criminal Prosecutorial Supervision Perspective under the criminal procedure on the basis of the legal provision. The people’s procuratorate exercise legal supervision in criminal proceedings, the concrete manifestation of the filing, investigation, trial and execution of all aspects of the criminal proceedings supervision. Thirdly, the implementation of prosecutorial supervision, the "suggest corrections", "issued a notice to correct violations," "exclusionary rule" and "lodge a protest," etc. were analyzed by specific statute.In the second part, the author explore the status and problems existing in the procuratorial supervision process. The main problem is reflected in the issue of the prosecution filing supervision, supervision of investigation, trial monitoring, enforcement and supervision. The main problem of the supervisory oversight filing is the object limitations, time constraints and lack of supervision of filing the appropriate sanctions violations corrected. The problem exists in the supervision of the investigation is the weak supervision. Prosecution guidance and supervision investigative power are not expressly sufficient constraints, which is weak supervision. As for the court supervision, the neutral position of court is shaken by the procuratorate, which is harmful for the defendant. Moreover, the standard of the civil protection is not clear. There are also existing some problems in the supervision of the executing agency, which is the criminal prosecution supervisory bodies set unreasonable execution, execution of penal change(commutation, parole) supervision is not timely.In the third part, integrate the supervision and operation mechanism of Public Prosecutions. In this article, the author emphasize on discussing the integration of the supervision for the procuratorate from the viewpoint of filing, investigation, trial and execution to enhance the credibility and authority of the procuratorate supervision. The author looks forward to providing some valuable suggestions to the legal developing process in China.