The Study On The Reverse Examination Of Procuratorial Organs Under Rule Of Law

Since the 18th National Congress of the Communist Party of China,the procuratorial organ acts as the judicial organ of legal supervision draw lessons from the past,draw inferences about other cases from one instance,many effective measures and mechanisms have been adopted to prevent the occurrence of criminal error defects cases.On the basis of handling a large number of criminal complaints and state compensation cases,the prosecution department for criminal complaints actively carry out reverse examination exploration and practice against error and flaw cases,broaden the channels of procuratorial supervision,minimize criminal error defects,to prevent the occurrence of cases involving legal complaints from the source.But there are some inactive,non-uniform,ill-formed problems about the reverse examination in the judicial practice.It has become an urgent research topic about how to better and more effectively carry out the work of reverse examination in procuratorial organs.Starting from the realistic background,this paper reflects on the causes of criminal error and flaw cases,then leads to the research object of the reverse examination work carried out by the procuratorial organs.The function basis,basic principle and function value of reverse examination are analyzed theoretically on the basis,and from the perspective of object,content,experience and practice and existing problems,this paper makes an empirical study on the operation status of reverse review.From the perspective of the basic path of the procuratorial organs to examine the rule of law in reverse finally,the connotation of the rule of law is explored,the current relevant regulations are evaluated and analyzed,the relevant strategy selection of the rule of law is put forward.The author combines the practical experience and experience of handling cases,and a large number of judicial practice cases are cited as support,and comprehensive use of comparative analysis,value analysis,empirical analysis and other methods,and makes a comprehensive study and discussion on the successful practice of reverse examination from the perspective of rule of law.The procuratorial organ examinesthe practice in reverse after legislativeization,institutionalization and rule of law,will comprehensively promote the national prosecution service for criminal complaints to standardized and unified reverse review work,strengthen internal constraints and external supervision functions for the Criminal Complaints Prosecution,are forced to standardize the judicial behavior of law enforcement for the former case-handling units,departments and personnel,and earnestly improve the quality of criminal justice cases.