On The Perfection Of China's Criminal Enforcement Procuratorial System

The supervising of criminal execution is an important part of procuratorial organ's legal supervision,it not only has the duty and unique function advantage of preventing and discovering criminal misjudged case,but also assumes the legal responsibility of guaranteeing the unification of national laws and the proper implementation and maintenance of judicial justice.But facing new tasjs and situationgs,the supervising of criminal execution is difficult to adapt to the objectives of the judicial reform,which seriously hinders the effective implementation of criminal enforcement procuratorial activities,and restricts the function of preventing and correcting Criminal Misjudged Cases.Throughout a grievance,the mostly came from the investigators judicial idea backwardness,the investigation organ failure in the prohibition of torture and appeal relief difficult have inalienable relations,questions inevitably related to the lack of procuratorial organs supervise.Therefore,this paper discusses how to perfect the criminal prosecution system from the Angle of criminal error correction.This article is divided into four parts.First chapter,Starting from the perspective of the "Liu Jin Shen" misjudged cases in gansu province,the author thinks that the supervising of criminal execution has played an active role in promoting the correction of the case after a preliminary analysis,but in practice,there are still some cases of ineffective supervision and even absence,which restricts of preventing and correcting Criminal Misjudged Cases.Secondly,this paper discusses the basic theory of criminal prosecution and its advantages in preventing criminal cases,which lays a solid theoretical foundation for the argumentation of the article.The second chapter,from the perspective of the theory of criminal execution of procuratorial supervision and remedy the internal relation between criminal misjudged cases,investigates the deficiencies and defects in the criminal investigation of criminal prosecution in China from the legislative and judicial aspects,and laid a foundation for the improvement of our criminal prosecution system.The third chapter,from the two Angle of legislation and the judicial analyses our country criminal execution procuratorial in rectifying a crime prevention in the deficiencies and defects,mainly including law lack of operability,insufficient supervision period of coercive power,the law enforcement idea existence erroneous zone,found illegal ability is limited,and lack of effective supervision mechanism,etc.For the following to improve China's criminal enforcement procuratorial system.The fourth chapter,in the light of the actual situation of our country's criminal execution procuratorial work,this article puts forward the countermeasures and suggestions of our country's criminal enforcement procuratorial system in aspects,such as perfecting,refining the relevant laws and regulations,strengthening the enforcement of supervision means,reinforcing the construction of the procuratorial team of criminal execution and perfecting the related mechanism of criminal execution procuratorial.for better to make a little contribution to the development of criminal execution of procuratorial supervision system.