Issues On The Legal Supervision Of The Criminal Cases Filing

In China, it is the first statutory procedure in the criminal proceedings to place cases on file for investigation and prosecution. And the public security organ enjoy the full power to make decisions on placing the majority of criminal cases on file. However, there are some phenomena in the public security organ placing the criminal cases on file, some criminal cases are not on file, or solved before being put on record, or neither recorded nor solved, or filing but not to investigate and so on. Such disorder seriously affect the value realization of filing procedure. Therefore the article raises that strengthen the power for legal supervision of procuratorial organ, is a realistic and useful choice for regulating the right to criminal cases filling which enjoyed by the public security organ.The article points out that, in China, it is still at the primary stage of the level of the rule of law, to solve the disorder on criminal cases filling, through the improvement of legislation could provide a legislative protection, but not enough to make a dynamic balance; through the configuration optimization of the power to investigate could make a dynamic balance, but lack of the basis of institution; through the establishment of scientific and reasonable achievement evaluation mechanism of the public security organ, could only weaken part of the motivation of power abusing behaviors, not play to prevention or correction of wrong; only by strengthening the legal supervision of the procuratorial organization, is the key to solve the disorder. The legal supervision by the procuratorial organization makes checks and balances to the power to placing the criminal cases on file. One is the normative role, to prevent the power from the rule; another one is the external constraints, which corrects the wrong results.To discuss the main point, strengthen the power for legal supervision of the procuratorial organ, to regulate the right to criminal cases filling which enjoyed by the public security organ, the article is on the base of the empirical research, analyses the present situation of the legal supervision of the criminal filing, and further points out that supervision difficulties and the causes in judicial practice. Such as to the limitation of the clues, limits the practice of supervision; the absence of special subject which is functional to supervision, makes the supervision work passive and negative; the means of supervision in being is defectiveness, affects the supervision to make checks and balances; the diversified relationships between the procuratorial organ and the public security organ, distorted the normal supervision relationship, constraints of the function of the legal supervision. Therefore, the article puts forward some countermeasures to optimize the operation of the legal supervision. As the premise, making definition of the normal relationship between the procuratorial organ and the public security organ in the supervision of case filing. And Expediting the trail channels for supervision of the criminal filing, strengthening the function of the supervision of the criminal filing, making a standardized supervision procedures to ensure the effectiveness of supervision.