Empirical Research On Inspecting Investigation And Supervision Cases In Public

Inspecting investigation and supervision cases in public refers to the way of inspecting those cases which are related with functions and business of investigation and supervision in public.The public inspection system of investigation and supervision cases is the important part of opening of procuratorial affairs,also is the important reform practice of adapting to the development trend of criminal suit.For this,Chongqing office of the public prosecutor has made a considerable number of practice and exploration and accumulated precious experience,meanwhile exposed many problems.I have made analysis and research on the practical situation of public inspection of investigation and supervision cases toward Chongqing office of the public prosecutor,and overall summarized the experience and problems existed in the public inspection system of investigation and supervision cases.At the same time,I have put forward corresponding improving advices from those perspectives like principles,legislation norms,case scale,procedure setting,inspection content,participants and supporting mechanism and so on.I hope those advices will provide some helpful experience for the reform practice of litigation of investigation and supervision cases.Except for introduction and TAG,the main body of the thesis contains four parts.The first part is to illustrate the connotation and meaning of inspecting investigation and supervision cases in public.First of all,Chongqing office of the public prosecutor has defined public inspection of investigation and supervision cases overall.According to this definition,the connotation of public inspection of investigation and supervision cases mainly includes scale of public inspection,content of public inspection,and participating way of public inspection,startup of public inspection,procedure of public inspection,and the determining way and remedial measures of public inspection and so on.Secondly,Chongqing office of the public prosecutor has conducted a lot of public inspection of investigation and supervision cases,on which participants give highly praise.This has demonstrated that public inspection of investigation and supervision cases has major significancesin judicial practice.First,promoting the opening of procuratorial affairs further and enhancing the judicial credibility.Second,being conducive to change inherent working way and enhancing the legality of procedures.Third,facilitating the transformation of judicial ideas and intensifying the judicialnature of procurator.Forth,improving the quality of investigation and supervision cases and effectively protecting the rights and interests of the prosecuted.The second part is to talk about the normal evaluation of the public inspection system of investigation and supervision cases.First of all,the public inspection system of investigation and supervision cases is the important part of opening of procuratorial affairs.The Central Government and the Supreme People's Procuratorate of the People's Republic of China have issued overall system specification aimed to the opening of procuratorial affairs,and provided feasible basis for public inspection from the height of reform of criminal justice system.Secondly,though code of criminal procedure and its judicial interpretation do not specify the mode of public inspection,the regulations related with interrogating and hearing the advices of defense lawyer have reflected the substance of public inspection and provide important legal basis for public inspection.In addition,SPP and local procuratorial organs have issued specific system specification in succession aimed to the public inspection of investigation and supervision cases and provided more specific operating specification for public inspection.Finally,the existing system specification plays a major role in practical works,but there is such problems to be solved like lacking of high level legislation,insufficient of authority and execution,diversification of system title,lacking of unified and systematic plan,bigger difference between specific procedures,insufficient of fixity and reproducibility and so on.The third part is to review the real situation of public inspection of investigation and supervision cases.Since the SPP has conducted the work of public inspection,procuratorial organs in nationwide have carried out relevant pilot work in succession.Chongqing procuratorial organs has carried out the work of public inspection of investigation and supervision cases since 2013,released relevant guidance,and accumulated a lot of practical experience which has higher sample meaning.The main experience can be summarized as wide case scope and prominent focus,diversified startup methods,multiple participant,various inspection content,formal and comprehensive procedure setting.Except for taking reference from the experience of Chongqing procuratorial organs,we should also face with some major problems including it's not enough to reflect litigation model completely,the scope of the case does not meet the actual needs,the position and function of the third party are not clear,complex procedure causes low efficiency,the regulation of inspection content is not refined.The forth part is to put forward some improving advices for public inspection ofinvestigation and supervision cases.Though there still exists many problems in public inspection system of investigation and supervision cases,the system will play important role in practical work if improving it toward typical problems.Specifically,formulating the basic principle of public inspection of investigation and supervision cases,releasing unified and formal legislation document,determining rational case scope of public inspection,confirming the range and function of participant,refining and expanding inspection content,formulating high-effective and convenient procedure of startup and inspection,improving high-effective mechanism for lawyer's participation and other supporting mechanism.