On Supervision Of Filing A Criminal Case

The procedure for supervision of filing a criminal case has been revised several times due to the development of judicial practice and theory since it appeared.However,the procedure still has many imperfections,such as the legislation lagging behind current situation,the limited sources of supervising clue and the lacking rigidity of supervising measures.After studying related procedure in typical countries of continental and common law systems,the author found major differences about case filing supervision procedure between foreign countries and China.Specifically,the form of judicial writ has been extensively used in common law system countries in order to supervise the investigatory organ,meanwhile,the people's procuratorate directs and supervises investigating activities in countries like German,Italy and Japan which adopted the mode of integration of police and procurator.Given the above reasons,it is necessary to improve China's supervision of filing criminal case by amending the legislation,broadening the sources of supervising clues and establishing the mode of giving priority to procuratorate with investigatory organ as complement.