Thoughts On The Perfect Path Of Criminal Compensation Procuratorial Supervision

Since the 18th national congress of the communist party of China,our country has been committed to preventing the construction of the wrong cases.However,under any judicial system,the wrong cases cannot be fundamentally avoided.Criminal compensation is of huge relief program by the infringer,but even for huge relief,due to the limitation of human knowledge,and the problem of mechanism system are still some problems such as selfish,misjudgment,errors in the criminal compensation for being affected by the infringer is undoubtedly a secondary damage,in order to maximize reduce errors,highlight the importance the supervision system of criminal compensation.Procuratorial organs are the legal supervision organs of our country and the relatively independent external supervision organs in criminal compensation.In the present law,the supervision status of procuratorial organs has been affirmed.However,in terms of the supervision of the starting way,the scope of supervision,the way of supervision and the supervision path,the highest law and the highest inspection,the provisions between the upper and lower levels are not consistent.In practice,the prosecutorial supervision of criminal compensation is more like an idle clause,and there are very few criminal compensation cases that are restarted because of the supervision of the procuratorial organ.This paper is divided into five chapters:The first chapter introduces the basic theory and system of criminal compensation supervision in China.Procuratorial supervision is the only relatively independent external supervision in the criminal compensation supervision system,but it has not fully played its supervisory role in real judicial practice.The second chapter focuses on analysis of China's current criminal compensation legislation conflicts existing in the procuratorial supervision legal system,the legislation is not clear,lack of legislative system and under the supervision of the procuratorial organs dual function positioning self-policing paradox and difficulties;The third chapter analyzes the reasons for the flow of procuratorial supervision from the two aspects of legislative and judicial practice.Specifically,it includes the closure of the mechanism of compensation decision,the delay in the intervention time of the procuratorial supervision,the cooperation between the three organs of the public inspection law and the unreasonable performance appraisal mechanism.In addition,the negative influence of procuratorial integration is also called the main reason of the paradox of procuratorial self-supervision.The fourth chapter introduces the legislation mode and supervising system and functional organization of the outside criminal compensation.The continental law system is in the vanguard of the legislation concept of criminal compensation and criminal compensation supervision.The legislative practice is relatively rich,especially in Germany and Japan,which provides a useful reference for our country.The Anglo-American law system is relatively backward due to the long-term influence of sovereign immunity.The fifth chapter from the legislative and institutional perspectives,the construction of the criminal compensation legislation in China to supervise the real action of the path.It is necessary to strengthen the legislative cohesion and procedural legitimacy of the criminal compensation inspection and supervision in China,and to improve the system of people's supervisors.To further publicize the case information and to make accurate and wrong cases,to promote the function of procuratorial supervision.