Research On The Early Intervention Of Procuratorial Organs In Supervision Cases

The early intervention of the procuratorial organ of monitoring cases is an important part of perfecting the interface between the prosecution and prosecution,the important mechanism to improve the quality of the supervision of cases and the efficiency of examining and examining the litigation,and to strengthen the protection of human rights,which is conducive to the implementation of the reform of the litigation system centered on trial.From the point of view of the decision subject and the content of the decision of procuratorial supervision and supervision,early intervention,the early intervention of the procuratorial organ is not the procuratorial organ to exercise the legal supervision as the legal supervision organ.It is based on the principle of supervision independence and the principle of moderate intervention to assist in the investigation and prosecution preparation role,and based on the requirements of the principle of mutual cooperation,the two roles must be balanced and play together.On the one hand,the procuratorial organs take advantage of their own experience in handling cases to help the supervisory organs put forward opinions and suggestions in the aspects of case characterization,evidence grasp and legal application,and improve the quality of the case,on the other hand,they understand the case in advance and supplement the case file materials,do a good job of examination and prosecution function syding,and improve the efficiency of litigation.The role orientation of early intervention affects the operation and establishment of the whole working mechanism.In judicial practice,there are some problems in the early intervention mechanism because the location is not clear.The first is the imperfection of the program operation,including the confusion of start-up,the late intervention stage and the limited time,the unknown subject and the imperfect working method.The existence of these problems prevents early intervention from playing its original role.In addition,the supervision and investigation link was originally a closed stage,relying only on self-supervision and intra-Party supervision,excluding external supervision to restrict the relief force,resulting in the unbalanced control and defense force of the pre-trial link,further resulting in the problem of early intervention under unclear positioning is abused.For the problems arising in the procedure one by one to solve,limit the scope of the case,relax the intervention time to make the start more orderly.Clear the personnel and units involved in advance,clear early intervention of the prosecutor to participate in the follow-up examination and prosecution,improve the audio and video support mechanism and establish the monitoring organ written feedback way to make the early intervention mechanism more perfect.At the same time,it makes the link with the follow-up examination and prosecution smoothly,not only plays the role of assisting the investigation and grasps the positioning of the prosecution preparation from the mechanism.Finally,the restriction supervision mechanism is established to prevent early intervention from being abused,the right of relief to the investigators is granted,and the external supervision force is introduced.Strive for the whole early intervention mechanism to run more perfectly,and the examination and prosecution stage more smoothly,improve the quality of monitoring cases.