On The Dilemma Of The Effectiveness Of Criminal Inspection Cases In The Highest Inspection

The guiding cases of the procuratorial organs are a form of new procuratorial supervision formed by the Supreme People's Procuratorate in accordance with the judicial practice and the exercise of the powers of supervision and inspection according to law,and it is a measure to comply with the needs of the new round of judicial reform.The criminal guidance cases of the procuratorial organs are different from the criminal guidance cases of the People's Courts.They need to strengthen their supervisory and guiding role and coordinate better than the relationship between the criminal guidance cases of the People's Courts in order to exert their own guiding significance.At present,the criminal guidance cases of the procuratorial organs are difficult in theory,and judicial practice is also weak because of the tendency of the case guidance system itself.Therefore,the purpose of this paper is to analyze the reasons for the existence of the effectiveness dilemma of the criminal prosecution of the procuratorial organs,and then to propose solutions.The plan provides suggestions for the development of criminal guidance cases for the prosecution.This article,through the introduction of the criminal prosecution cases of the procuratorial organs,mainly points out the current status and existing problems of the criminal supervision cases of the Supreme People's Procuratorate,and proposes its theoretically effective dilemmas,Then the “two high” criminal guidance cases were compared and analyzed,and the reasons for the effectiveness of the procuratorial organs were mainly due to the fact that there were differences in judicial opinions between the “two high” criminal guidance cases and the procuratorial organs' The role of positioning can not play a decisive role in the outcome of judicial decisions.The combination of multiple factors causes the plight of criminal prosecution cases of the procuratorial organs.The core viewpoint of this article lies in the exploration of the way out of the effectiveness of criminal prosecution in the procuratorial organs.It mainly summarizes the three proposals put forward in the theoretical circle.The author analyzes their respective advantages and disadvantages,and finally proposes a plan to jointly issue guiding cases of “Two Highs”.It is in line with its development path,and theoretically points out the rationality of the "two highs" jointly issuingguiding cases,and then puts forward plans and some auxiliary procedures for construction on specific practical measures.The criminal guidance case of the procuratorial organs is a microcosm of the development of the entire case guidance system.This article hopes that the prosecution agency will play its due role in the case guidance system.The views and proposals put forward in the article hope to play a constructive role in the judicial unification.