On The Improvement Of Criminal Filing Supervision System

Since the criminal filing supervision system of China was clearly stipulated in the Criminal Procedure Law of 1996,through the continuous development of legislation and judicial practice,it has occupied an important position in the process of criminal proceedings.It played an important role in restricting the exercise of power,enhances the credibility of the judiciary,and safeguarding the legitimate rights and interests of citizens.In China's current investigation system,there are still many problems in the criminal filing stage,and it is necessary to conduct an in-depth study on the criminal filing supervision system to promote the further realization of its litigation value.Although with the continuous advancement of China's legal process,the criminal filing supervision system has been constantly improved in the law,judicial interpretation and related provisions,but its system development still has defects,especially in the context of the current judicial reform,with the procuratorial organs "merge of arrest and prosecution" process continues to advance,in this case the problems exposed in the process are outstanding.The main manifestations are as follows: the object of criminal filing supervision is not comprehensive;the time limit is not clear,the procuratorial organs exercise the power of investigation node has no specific provisions;the means of supervision is single,lack of rigidity;inadequate rigidity,the separation of internal departments of procuratorial organs,further weakening the effectiveness of supervision means;the scope of supervision is narrow,lack of real-time supervision measures.Therefore,it is necessary to draw lessons from the relevant foreign system,and on the basis of continuous summing.Combining with the actual situation of our country and the supervision of criminal filing,we can proceed from the following aspects:puts the organ coefficients enjoying the power of criminal filing into the objects of criminal filing supervision;defining the provisions of the investigation period in the supervision of criminal filing;strengthening the power of criminal filing supervision,giving procuratorial organs the power to recommend punishment and strengthening the means of investigation,exploring the working system of establishing a separation of litigation functions and filing supervision function;expands the scope of criminal filing supervision,perfects the provisions of the superior law,and perfects the real-time supervision regulations.