| Since the transfer of procuratorial personnel and the implementation of the Supervision Law of the People’s Republic of China,the procuratorial organs have been seeking to improve their own systems in this context,so as to adapt to the general trends of the rule of law in supervision.In the past,the procuratorial organs relied more on the investigation of crimes in office,while neglecting to promote civil supervision,administrative supervision,and public interest litigation supervision.Criminal supervision has focused more on the function of public prosecution and downplayed other functions.Every social change is a good opportunity for institutional innovation.Therefore,how the procuratorial organs should improve their functions and strengthen the systems from multiple perspectives under the background of the rule of law of the supervisory organs has become a new proposition of the present era.Meanwhile,the Supervision Law of the People’s Republic of China makes it clear that the supervisory organs,the procuratorial organs and the judicial organs should have a relationship of mutual cooperation and constraints.However,better mutual cooperation and constraints between the procuratorial organs and the newly established supervisory organs to adapt to the new era requires upgrading and improvement of the systems.Besides,the supervisory organs have the special attributes of strong initiative and aggressiveness,and therefore naturally need the improvement of the external supervision and control system.This is an inevitable requirement of the rule of law in the country,and also an inevitable requirement of the modernization of national governance.With the procuratorial organs being positioned as legal supervision body,it is of greater practical significance to study the improvement of the systems of deepening the control and supervision of the procuratorial organs over the supervisory organs.This paper explores the improvement of the systems that connect the procuratorial organs and supervisory organs in two stages:First stage: the investigation stage.Given that the supervisory organs have not yet entered the criminal proceedings during the investigation stage,the“supervision” of the procuratorial organs over criminal proceedings has not yet started at this stage.Focusing on the “constraints”,this paper proposes the following system ideas:(1)establishing a filing system for higher-level procuratorial organs;(2)establishing a prosecutor meeting system;(3)establishing and improving the clue tracking system;(4)establishing a system for early intervention in investigations and evidence collection;(5)restrictions on liens.Second stage: the examination and prosecution stage.When the supervisory organs complete the investigation and transfer the cases to the procuratorial organs for examination and prosecution,the cases transferred by the supervisory organs officially enter the criminal proceedings.At this point,as a legal supervision body,the procuratorial organs become the main authority for supervision of criminal litigation.This paper proposes some institutional ideas from the perspective of “legal supervision”:(1)improving the system of self-initiated supplementary investigation at the examination and prosecution stage;(2)improving the standards for the exclusion of illegal evidence by the procuratorial organs;and(3)promoting the application of the guilty plea system in the field of official crimes. |
