A Study On The Power Of Direct Case Filing And Investigation Of Procuratorial Organs

Procuratorial organ’s right to directly file and investigate criminal cases mainly refers to the power that procuratorial organ itself has and can independently file and investigate criminal cases directly.With the in-depth development of the reform of the supervision system,China has made a new round of amendments of the criminal procedure law in 2018.As one of the key points of this amendment,the procuratorial organ’s right to directly file a case and investigate has changed greatly in content and nature.From the legislative point of view,the procuratorial organ’s right to directly file a case for investigation is limited to the activities that the people’s procuratorate finds in the legal supervision of the litigation activities,and the judicial staff use their power to carry out some specific cases of filing for investigation.The readjustment of the procuratorial organ’s right to directly file and investigate cases is not only to adapt to the reform of the supervision system and the development of the national anti-corruption work,but also an important measure to clarify the legal supervision status of the procuratorial organ.After the adjustment,the right to directly file a case is more in line with the constitutional statement that the procuratorial organ is the legal supervision organ,and it is more in line with the function of legal supervision in nature.The procuratorial organ reserves the right to directly file a case for investigation,which is of great value to strengthen litigation supervision,strengthen supervision function and optimize resource allocation.The transfer of procuratorial investigation power and the reallocation of departments have brought some challenges to the effective exercise of the direct case investigation power,especially in the aspects of the concurrence of the jurisdiction of the cases involved in procuratorial investigation and supervision investigation,the centralized jurisdiction of the direct case investigation power and the coordination between the supervisory organs,the basic departments of the judiciary,the investigation supervision and investigation resources.In order to promote the effective exercise of the procuratorial organ’s direct investigation power,we should clarify the priority of the procuratorial organ’s direct investigation power,improve the case communication mechanism,strengthen the investigation supervision and improve the investigation resources.