On The Transformation Of The Criminal Case Filing Supervision Modes

Based on the existing discussions,this paper,starting from the transformation of the supervision mode of criminal case filing and combining the theoretical basis and the existing legal provisions in China,aims at exploring ways to improve the supervision system of criminal case filing within the framework of the existing legal systemand further looking into the possible reform direction in the future.As a study of practical problems,it first tries to clarify the generation of criminal case filing supervision under the existing laws,define the theoretical and practical basis of construction and improvement,and analyze the problems in judicial practice.Then,on the basis of relevant feasibility analysis,some feasible ways to improve the existing supervision are proposed,and the possible legislative reform in the future is analyzed and discussed from a perspective of outlook beyond the existing provisions.First of all,this paper discusses the general situation of criminal case filing supervision,and then through the comparison of the extraterritorial control mode of different legal systems to draw inspiration.Secondly,it analyzes the present situation of the current criminal case filing supervision mode-namely,remedial post-supervision,error-correcting supervision lacking sanctions,combining casual supervision,and unreasonable assessment quantitativesupervision,and combines the judicial practice to discuss the defects in the existing pattern-namely,the limited sources of criminal case filing supervision clues,the fuzzy time conditions for launching criminal case filing supervision,absent extended supervision,and weak supervision strength,to demonstrate the necessity and urgency to transform the current mode.Thirdly,ways to improve the transformation of criminal case filing supervision mode are proposed.It is firstly based on the demonstration of improvement approaches under the current legal framework,namely,exploring the transformation of criminal case filing supervision mode into active supervision,rigid supervision,full-time supervision and big data supervision.Then,the reform direction of the breakthrough in legislation is explored.The last part is the conclusion and references.