On The Supervision Mechanism Of Criminal Register

In order to ensure the criminal lawsuit filed in accordance with the right of exercise andnot be misused, the criminal procedure law of our country given procuratorial organs is animportant duty--a criminal case supervision. In recent years, the procuratorial organs toprevent poor blow as the key point, to strengthen the public security organ to a criminal caseto the supervision of the activities, to solve the control and checking the public securityorgans have case will not make, guilty to let bygones be bygones, penalty and punishment,abuse indictment injustice and law enforcement, law enforcement is lax problem, has playedthe positive role. But due to the defects of legislation, the supervision of the main cognitiveability, the difference of supervision of the operation mechanism of various reasons such asabsence, supervision and the channel is not smooth, supervision and quality is not high, thesupervision and the effect not beautiful, etc are still a large number of existence, causes theprocuratorial organs in the concrete operation can not reach the anticipated legal effect, thelegislative intention not to obtain the very good implementation. This article through todistrict, Foshan City, Guangdong Province, procuratorate nearly six years to public securityorgans implementing a criminal case supervision situation of research, on the analysis of thecurrent criminal case supervision problems and causes on the basis of how to improve thegrass-roots procuratorial organs criminal case supervision mechanism, the author puts forwardhis own ideas.This paper is divided into three parts except for the introduction and the conclusion aboutthe20thousand words:The first part is a criminal case supervision overview. According to relevant laws andjudicial interpretation regulation, supervision of the source of the criminal case clues way isdivided into procuratorial organs found active and passive found two. Procuratorial organsaccording to the clues to the way of different sources, and will be a criminal case clues to supervision respectively investigation supervision departments and accuse appeal departmentaccepted.(1) not done for supervision and clues, should according to different situation oftreatment: no criminal facts shall be investigated for criminal responsibility incurred or not,timely reply to the complainant or administrative law enforcement department. The publicsecurity organ by complaints without jurisdiction, suggest the complainant or theadministrative law enforcement departments have jurisdiction over to the public securityorgan charges or transfer; The public security organ haven’t make not to put on record,transferred to public security organs processing; The occurrence of a crime and criminalresponsibility shall be investigated, have jurisdiction over the public security organ has madeno decision put on record, the procuratorial organs shall require the written description of thereason not put on record.(2) for the wrong case supervision and clues, one is the case to thepublic security organ for handling; The second is the procuratorial authority for review, thereis evidence that the public security organ may be illegal case put on record, the public securityorgan shall require a written description of the reasons put on record. Nearly six years, districtprocuratorate, Foshan City, Guangdong Province, a criminal case clues to supervision thereare four main kinds of ways: the first kind is in the process of examination and approval ofarrest case to find; The second is the acceptance of the accused, The third kind is theadministrative law enforcement and criminal justice work connected found; A fourth issuperior assigned by the procuratorial organs. The exercise of a criminal case supervisionfunction department has two, namely investigation supervision departments and accuse appealdepartment. A criminal case supervision is divided into application, examination andsupervision, tracking four procedures.The second part analyses district, Foshan City, Guangdong Province, a criminal caseprocuratorate problems existing in the course of supervising. Main show is five aspects: one isa criminal case supervision of clues, channel is narrow, The second is a criminal casesupervision consciousness is not strong; The third is a criminal case supervision means weakness, Four is a criminal case supervision mechanism has the defects, Five is a criminalcase supervision program is not standard. The hospital a criminal case supervision and clueswhether absolute number or relatives are very little, source of clues way is just to arrest caseof examination and approval in the process of discovery and the parties accuse appealprimarily. The reason mainly has three aspects:(1) examination and approval of arrestinvestigators mining criminal case supervision and clues not carefully;(2) the people toparticipate in a criminal case supervision consciousness is not strong;(3)"the reducedcohesion" information channel not unobstructed. In the supervision means, the procuratorateand the public security organ long-term formed private consultation system, can not hairsupervision of documents is generally not be issued. To the public security organ has not donesupervision and often take verbally notify the correct way to suggest its put on record, theoperation is not standard, optional sex is great. A criminal case supervision mechanismdefects including:(1) the lack of information communication mechanism;(2) the lack oftracking mechanism and to supervise and urge;(3) lack of accountability mechanism;(4)assessment mechanism not science.(5) the institutional setup have drawbacks, understaffing.The third part, Foshan City, Guangdong Province, according to the district procuratoratecriminal case supervision existing problems, puts forward five Suggestions for improvement.One is to broaden the criminal case supervision case clues sources. The second istransformation law enforcement idea, strengthening the supervision of procuratorialpolicemen consciousness. The third is to strengthen the supervision means a criminal case.Four is to perfect the criminal case supervision mechanism. Five is to regulate criminal casesupervision program of work. Examination and approval of arrest investigators shall carefullycomprehensive review case, by strengthening the promotion people participate in a criminalcase supervision consciousness, improve "the reduced join" mechanism, in order to broadenthe clues sources. The procuratorate should be abandoned and the public security organs ofthe private consultation system, in the exercise of a criminal case supervision functions, strengthen confidence, set up the prestige. At the same time also shall establish perfectinformation communication mechanism, the tracking mechanism and to supervise and urge,accountability mechanism, and scientific evaluation mechanism, establish special supervisionmechanism, increase the full-time supervision personnel, make supervision and operatingprocedures.