Theory Of Case System In Criminal Lawsuit

Filing criminal activity is the beginning stages of criminal proceedings, the filing oversight is part of the beginning of criminal proceedings supervised play an important role in the criminal proceedings. Criminal register values have restricted powers, greatly safeguarding impartial justice, to protect the legitimate rights and interests of the parties.Thus, the criminal register occupy an important position in the course of criminal proceedings. But in China's judicial practice, the filing stage there are still many problems. Filing criminal supervision system is necessary to study, understand its underlying theory and the status quo after the run, put forward a sound recommendation, thereby enabling the value of the criminal register system can be achieved.The first part introduces the basic theory of Criminal Register and Supervision System, including the concept of filing criminal supervision system, the basic content, values and theoretical basis. Our law on criminal register not formed a complete system, it has a variety of views on the criminal register and the basic content of the concept, the article gave an answer to this analysis. Criminal register is a criminal prosecution of the body has the right to initiate the filing of criminal legality, filing and made the right decision and not filing undertaken prosecutorial supervision. In addition, it includes the prosecution of the case in the field of administrative law enforcement suspect whether to transfer supervision of the competent organ treatment and the investigation organs in order punishment made after supervision.Criminal Super System has restricted power value, protect the value of human rights and the maintenance of fair value.The second part of the study of the Current Criminal Register and Supervision System, from home and abroad to initiate criminal investigation and supervision system of Criminal Register and Supervision System of the problems discussed in two aspects. The presence of domestic and international criminal register system differences, the main oversight body have different, different oversight coverage and effectiveness of Criminal Register and Supervision. This section highlights the filing of criminal supervision system problems and poor access to sources that is the case, the filing supervise relief measures, lack of rigidity, low "notice", "recommendations" of the effectiveness of methods of supervision hierarchy relatively simple means, can operability is not strong, not mandatory, the situation is the lack of supervisors refused to implement legal sanctions or warnings. In addition, police seized relationship also hindered the implementation of the right to initiate an oversight, although China is the public prosecutor in parallel mode, but the independence of the public security organs of the gradually expanded, the gradual loss of the prosecution prosecution for supervision dominance, resulting in the police seizure of parallel mode imbalance, so that legal supervision over the prosecution can not be implemented.The third part of our country- vision system problems by improving the supervision system of filing criminal idea. Police seized the establishment of information-sharing platform, filing and examination system of law enforcement instruments to strengthen the execution of convergence to broaden the criminal register channels; Through the improvement of a series of criminal register remedies that improve supervision filing complaints of citizens and the right to dispose of the prosecution, the right to sue, as well as give the relevant procedures Prosecution and entities dispose; Police seized establish substantive examination filing consultation system supervision, strengthen supervision of the effectiveness of the prosecution, in order to build a sound relationship between the Police and the Procurator.