Research On The Supervision And Reform Of Criminal Procedure Of Procuratorial Organs

The people’s Procuratorate,as the legal supervision organ prescribed by the Constitution,its functions mainly include: legal supervision of litigation activities,enforcement of effective legal documents,and enforcement activities of prison detention centers.However,due to the limitation of criminal procedure supervision legislation and its operation mechanism,there are some problems in procuratorial practice,such as low efficiency,poor effect and repeated supervision,and litigation supervision has failed to give full play to its proper effectiveness.Most of the sound systems are gradually perfected in the process of innovation.Since the 18 th National Congress of the Communist Party of China(CPC),the cause of the Party and the state has undergone historic changes.China stands at a new historical starting point,and socialism with Chinese characteristics has entered a new era.Article This paper studies the reform of criminal procedure supervision of procuratorial organs in the new era,and looks forward to the development trend of the supervision system of criminal procedure in the future by analyzing the changes of the reform and pilot cases of the supervision of litigation,combining with the problems exposed by practice.Therefore,the title of this article can also be changed to the new era of the reform of criminal prosecution supervision of procuratorial organs.In addition to the introduction,the text consists of five parts.The full text is more than30,000 words.The first part,the procuratorial organ criminal procedure supervision reform summary.After the third Plenary session of the Eleventh Central Committee,the procuratorial cause ushered in the opportunity of reform.According to the course of the reform of the procuratorial organs’ criminal procedure supervision,the reform can be divided into three stages: sprouting,developing and deepening: the first stage is the budding stage(1978-2002).The task is to restore and rebuild the organs and lay the foundation for reform and development;The second stage is the stage of development and perfection(2000-2012),the task is to persist in the reform and optimize the division of functions and powers of litigation supervision;the third stage is to deepen the promotion stage(2013-2019),and the task is to push forward the reform of the litigation supervision system in depth.Leather,basically establish the criminal procedure supervision framework.China’s long-standing politicalsystem,the procuratorial culture and the social environment,has decided that the supervision of the litigation is beneficial to the construction of the rule of law in our country,and it is necessary and feasible in our country.In the future,the reform of the litigation supervision should focus on the construction of the criminal procedure supervision system of the procuratorial organs in the new era,and to adhere to the "innovation" way,and always insist on strengthening the supervision and innovation of the litigation and promoting the development of the supervision.The second part,the procuratorial organ file investigation supervision reform.Under the guidance of the Supreme Procuratorate,the procuratorial organs of Ningbo City have changed the way of supervision,carried out the system of resident investigation and procuratorial offices,and set up procuratorial offices in two public security organs at the same time with the "double track" model.It fills up the blank of investigation supervision,enriches the way of lawsuit supervision and coordinates the relation between prosecutors and police.Although the reform has achieved results,it also faces problems,such as unreasonable cooperation between prosecutors and police,unclear legal authorization,lack of procuratorial supervision and so on.In the future reform,procuratorial organs must adhere to the standardization work,establish a case information sharing mechanism,and strengthen the investigation guidance mechanism.Ensure the effectiveness of investigation and supervision.The third part,procuratorial organ trial supervision reform.The implementation of supervision in the trial stage is of great significance to ensure fair adjudication and enhance the credibility of the court as a whole.As a frontier area of reform,the procuratorial organs of Beijing set up the Criminal trial Supervision Department on a pilot basis,set up the procuratorial office of the court,tried to separate the functions of litigation supervision from the function of handling cases,and finally realized the independence of trial supervision.After the reform,the number and quality of trial supervision have been improved as a whole.In practice,it is revealed that the supervision effect is not good,the supervision effectiveness is restricted by the law inspection,the supervision case source is insufficient and so on.Therefore,it is suggested that the procuratorial internal institutions,coordination and linkage mechanism,and extension should be improved in the next stage of reform.Broad supervision of the source of cases,play the role of supervision of criminal trial supervision department.The fourth part,the procuratorial organ carries out the supervision reform.Criminal execution is the last step to implement the outcome of the judgment,and the supervision ofexecution is directly linked to the implementation of the situation.The Supreme Procuratorate issued documents many times,calling for perfecting the supervision mechanism of criminal execution,simultaneously promoting the construction of the Criminal execution Procuratorate and changing it into a traveling procuratorate.However,there are some problems in practice,such as too single way of supervision,weak execution of property punishment,lag of supervision practice,no clear legal consequences and so on.In the future reform,we should give the criminal execution supervision and control power,strengthen the human rights protection of the supervised person,and refine the enforcement provisions in order to handle the case-oriented norm of enforcement supervision.The fifth part,the future prospect of the procuratorial organ’s criminal procedure supervision reform.After an all-round,multi-stage,systematic reform pilot,China’s litigation supervision has initially achieved the overall reform objectives.In order to meet the needs of the times,the procuratorial organs of our country should not slow down the pace of reform and should speed up the process of reform.On the one hand,we should step up the construction of litigation supervision system,realize the standardization of litigation supervision content,modern intelligence of supervision means,and the rigidity of supervision effect.On the other hand,it is reasonable to set up litigation supervision department in the reform of internal organization to realize uniform function configuration,internal organization name and proper independence of supervision department.