The Research On Criminal Record Supervision Of Procuratorial Organs

The criminal record supervision is an important legal responsibility given to the procuratorial organs by the revised< Criminal Procedure Law of the People's Republic of China>.It is a kind of judicial relief procedure of The criminal litigation. It is the important part of supervision power of criminal litigation belongs to the procuratorial organs. It was earliest embodied by Article 87 of the criminal litigation law:in the criminal proceedings, people's procuratorate considers a case should be placed on file for inverstigation which the public security organs did not place on record or the victim considers the public security organs should place the case on file for inverstigation and put forward the problem to people's procuratorate, the people's procuratorate should demand public security organs to give reasons for not putting a case on file. If the people's procuratorate holds that the reason is not suitable, it should annonce the public security organs to place the case on file and the public security organs should accept the case after receiving the annoncement.The purpose of setting up supervision power of criminal record is to correct the phenomenon of unfair justice, to ensure criminal procedure legally, to ensure lawful rights and interests of citizens, to promote the construction of harmonious society. But because the work of the criminal record supervision starts lately in our country and it has been affected by the inherent tradition of law system, it develops slowly in China. That is also why there are so many blanks and confusions in the theory and practice of supervision power of criminal record. To some degree, this problem weaken the dynamism of the criminal record supervision of Procuratiorial organs greatly, so it is difficult for it to develop the effect as intended.Because the criminal record supervision of our country is inherently weak, some scholars want to learn western countries'good experience to improve the criminal record supervision of our country. But it confuses many scholars that how to control the degree of learning. To make a general survey of the development of the criminal record supervision at home and abroad, although there exist some similar things between them, history essence and power nature embody different traits owing to the influence of times background, politics, economy and culture. How we can learn from other's strong points and close the gap? It is a kind of scholarship that need to be checked by the practice. Still, one thing is clear, it is also improper to imitate western country and to follow the separation of power completely. What we should do is to take the scientific attitude towards realistic problems of the criminal record supervision, and it is unwise to affirm or deny it completely.How to do the work of criminal record supervision well may determine whether the work chain of prosecutorial supervision is full,smooth or not. It is an importment subject for procuratorial organ and the workers of it to carry out the work of criminal record supervision feasibly, effectively, thoroughly under the background of construction of harmonious society.