Defence Center's Procuratorial Supervision Research

On March 20,2018,the "Supervision Law" was promulgated,and on October 26 of the same year,the revision of the Criminal Procedure Law was completed.The functions and institutions of the Procuratorate have undergone tremendous changes in this context.This change has greatly reduced the power of the procuratorate,and at the same time made institutional adjustment inevitable.In response to this situation,strengthen the procuratorial supervision function to return to the development direction of the constitutional orientation,which is confirmed by the Supreme People's Procuratorate and advocated within the national prosecution system.As an important part of criminal execution procuratorial supervision,the procuratorial supervision of the detention center has undertaken many new functions in recent years.The changes in functions exposed a series of problems in the procuratorial supervision of the detention center: the age structure of the personnel and the assimilation of the resident inspection methods."Cure",the basis of procuratorial supervision and regulation is not perfect,and the problems existing in the exercise of new functions,including the number of cases for censorship necessity review,and the blank of legality verification norms.For the above problems,based on the research results at home and abroad,the system design and institutional setting methods are mainly used to solve the problems,such as formulating personnel communication norms and transforming the people's supervisors as independent inspection agencies to solve the problem of “assimilation”.Expand the applicable stage of full coverage of defense lawyers in criminal cases,and improve the procedures for reviewing the necessity of custody according to the application.Through the research and resolution of the above problems,it is expected to promote the improvement of the inspection and supervision functions of the detention center.This article is divided into four parts:The first part is to briefly explain the basic theories of criminal execution supervision and supervision and supervision,and introduce the current situation of the units under investigation,and then point out the main problems and challenges of the current inspection and supervision of the detention center.The second part is the reference to foreign experience.This paper mainly discusses the actual situation of the supervision of detention institutions in the UK,Germany and Japan,and compares their supervision mechanisms to provide reference for improving China's system.The third part is the theoretical basis of institutional improvement.It mainly includes legal supervision theory,procedural justice theory,and power balance theory.The rebuilding of the mechanism requires the construction of a reasonable procedure,and the reasonable procedures need to be followed and met.The most basic theoretical logic,theory can guide practice and provide guidance and direction for the design of the system.The fourth part is the improvement of the defects in the inspection and supervision function of the detention center.This part can be divided into the improvement of the functions of the agency personnel,legal basis and supervision methods of the procuratorial supervision of the detention center.The second part is the improvement of the problems in the exercise of the special functions of the procuratorial supervision of the detention center,including the review of the necessity of custody and the development of the mechanism for the source of clues in the case of duty crimes.