On Supervision & Improve Of The Criminal Record

The supervision of the criminal record is the full-new procuratorial task executed by people procuratorate according to <>. It together with the supervision of investigation, judge, execution consist an integrated criminal supervision system and thus the people procuratorate becomes a full supervision organ of the laws. Author of this paper is a worker from law execution practice, who has being in department of arrest approve since issue of existing criminal law. According to the relative regulations of Super people procuratorate, the major function in implementation of supervision of criminal record is check and approve for arrest. So author for many years pays attention on this task - supervision of the criminal record. He has made experiments in execution practice and theoretically made reasonable consideration on this them. Author deeply learns due to imperfect legislation, procuratorate meets various troubles in the law execution of supervision of the criminal record, which is need to be solved immediately. Otherwise, the supervision of the criminal record is a full-new prucurate function in practice of the law practice, which is no mature experience may to be studied, no highway may pass through. There is controversy among the procurator mass. Author of this paper wishes to make some discussion on supervise of the criminal record, combining with whose practice and from theoretic and practice view points. The paper is divided into eight parts to discuss the supervision of criminal record and its improvement. The 1- 4 paragraphs discus the base, mean of supervision system of criminal record and the work-way existing in execution of procurator mission in procuratorate. There is a review and summary for supervision of criminal record made on three levels: Countrywide, Shanghai and in unit the author works in since revision of the criminal law.In 5th paragraph author combining with is law practice makes theoretical analyze for trouble problems in the implement process of criminal execution in procuratorate. Especially future makes dare analyze on passive factors existing in procuratorate it-self. In 6th paragraph a discussion is given on shorts of legislation regulations in record supervision according to existing <>.The 7,8 paragraph is the key of this paper and is the writing aim of author. It suggests some principles the author thinks as the rule should to be observed for improving the criminal record, whish is made on base of review and summary on regulations about supervision of criminal record according to existing <>. For example, the principle of variety criminal record supervision itself, Principle of punishment for defying in criminal record, and so on total 6 principles. In 8th paragraph author put forward his individual view of points on improving the supervision system on criminal record in China. It should to be emphases author has made a dare and advanced research on record supervision for procuratorate on case self instigation and self accusation of People's Courts as a key problem. For example, author points out the right of self-recording and legislation rights of procuratorate should to be given to the third organ to execute. This organ should belong to variety of the People representatives Congress levels. In addition of this the organ must consists or famous names and law specialists from various sides of society. Procuratorate should regularly and irregularly report his work on criminal record to this organ, which may at any time, supervises the criminal record work in turn. If the procurtorate serves the inspector organ for itself, the supervision still is as vain. The actual effect is difficult to be reached to. Society also would not believe results of its supervision.