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The Perfection Of China's Criminal Supervision System

Posted on:2019-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:X X RenFull Text:PDF
GTID:2416330566495418Subject:Law
Abstract/Summary:PDF Full Text Request
China's Criminal Procedure Law of 1979 set the case as a criminal procedure.After the revision of the Criminal Procedure Law in 1996,it stipulated that the procuratorial organs have the right to monitor the case of public security organs.Since then,public security organs have been under supervision.Criminal filing supervision system occupies an important position in the entire process of criminal proceedings,whether criminal procedures are conducted in accordance with the law,and whether the two major functions of combating crime and safeguarding human rights can be achieved.Although so far,the filing supervision system has made considerable progress.In particular,in 2012,the National People's Congress made major amendments to the Criminal Procedure Law and strengthened the supervision of filing cases.However,there are still many problems.After the revision of the "Constitution" in March 2018,there were many problems in our country's criminal case filing supervision system that urgently needed to be resolved.This article will analyze the problems existing in China's filing supervision system based on China's current legal environment and make recommendations for its improvement.This article have five parts:The first part of the introduction introduces the background of the writing of this article,literature review,the focus,difficulties,innovation and research methods.The second part is about the overview of China's criminal supervision system.First of all,by comparing the concept of supervision of criminal cases in the theoretical circle,the author defines the definition of case supervision;secondly,compares foreign related systems,introduces the uniqueness of China's criminal case supervision,and finally discusses the functions of the criminal case supervision system.The third part mainly analyzes the status quo of China's criminal case supervision system.Including the status quo of legislation and the current status of system operation.The status quo of legislation includes China's current legal system involving criminal supervision and specific regulations,such as the main body of supervision,the object of supervision,etc.The current status of the operation is to analyze the relevant case supervision data and examples in recent years to understand the actual situation,identify problems,and analyze the causes.In the fourth part,based on my own analysis,the author puts forward the problems existing in China's criminal case filing supervision system,such as: the object of case supervision is not comprehensive,the scope of case supervision is narrow,and the procedure for filing supervision is not perfect,prosecutorial authority oversight power is limited.The fifth part is to put forward their own suggestions for improving China's filing supervision system and is also the most critical part of the article.In response to the questions raised in the fourth section,it is proposed to expand the object of supervision of the case,expand the scope of case supervision,and improve the procedures for the supervision of case filing,extending the supervision power of the procuratorate.
Keywords/Search Tags:case supervision, supervision objects, scope of supervision, supervision procedures
PDF Full Text Request
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