Study On The Supervision System Of Criminal Cases In China

This year marks the twentieth anniversary of the basic principle of governing the country according to law.After several generations of efforts,the concept of the rule of law enjoys popular support.The Fourth Plenary Session of the 18 th CPC Central Committee discussed the general plan for governing the country according to law in a comprehensive and systematic manner.Under the circumstances that the procuratorial organs are defined as the legal supervision organs of our country following the constitution,many reforms have been proposed for the procuratorial organs to do a good job of legal supervision Goals and requirements of the procuratorate,one of the points is to strengthen procuratorial organs' supervision of judicial activities,improve the legal system in which procuratorial organs exercise their supervisory power,strengthen the legal supervision of criminal proceedings,civil actions and administrative proceedings and improve the people's supervisor system.Allow extrajudicial mercy,never allow relationship cases,human cases,money case.As an integral part of the procuratorial organ's legal supervision function,criminal case supervision has not given full play due to lack of understanding and institutional mechanisms,and has restricted the legal supervision effect of procuratorial organs,especially the investigation and supervision departments,on public security organs.In the "Criminal Procedure Law" revised in 1996,China established the system of criminal case filing supervision.When the Criminal Procedure Law was revised again in 2012,it further improved the legal supervision power of procuratorial organs.From the system of criminal case filing supervision and criminal investigation and supervision The system,the system of criminal trial supervision,the system of punishment execution supervision throughout the criminal procedure activities all reflect the supervisory function of procuratorial organs.However,with the economic and social development,people's awareness of law and the enhancement of human rights awareness,the filing system shows the lag of law.For instance,the scope of the filing and supervision is more one-sided and narrow.Under the current legal framework,Of the behavior from the supervision,so that the legitimate rights and interests of the parties are not protected by law and maintenance.The author analyzes the status quo and shortcomings of current criminal case filing supervision by combining his own work practice,the collection of criminal law and the criminal procedure law and other relevant laws and regulations.By improving the legislation and perfecting the regulatory filing mechanism,the author gives full play to the legal supervision of procuratorial organs Function.