On Criminal Trial Supervision Of Procuratorial Organ

People's Procuratorate of China is the legal supervision organs provided by the Constitution ,and the implementation of criminal justice supervision is is a duty of it . However, there is a great distance between the provisions of the law and reality, the most prominent of which is that the inadequate of rigid supervision over procedures,in that the protest of People's Procuratorate is limited, and the serious shortage of supervision over the sentencing discretion, in which as legal flaws and lack of oversight. Judge's discretion to has been to a alarming level. Now , some scholars with the one-sided understanding question whether People's Procuratorate have the power to supervision .Practice first need the theory to point the direction. Perspected from the value of the judicial process, trial procedure itself is a unit of procedural justice and substantive justice, a combination of universal justice and individual justice, a unit of Stability and authority. Procuratorial power will not damage the neutrality of the power of the court and the defendant's rights. The participation of it not only contributes to achievement of procedural justice and the form of justice, but also safeguard the judicial authority. This is possible both in theory and in practice. from the structural analysis, the power of initiating public prosecutions on criminal cases , conducting investigations on criminal cases directly by themselves and exercising public prosecution, Attorney investigation, supervision over the execution of judgments and orders in criminal cases and over the activities of prisons all help the implementation of the oversight functions of the trial. At present, for the purpose of the full realization of this function, we must provide rigid effect on the oversight of procedures clearly by law , expand the scope of supervision procedures. Besides ,The Supreme People's Procuratorate should exercising supervision over the interpretation of law by the Supreme Court. Most of all ,we should correct attitude, and improve the internal management mechanism and assessment mechanism. Because they have limit the oversight functions of procuratorates and distorted the relation of People's Court and People's Procuratorate. Reform must be taken to improve the Prosecutor's evaluation mechanism and incentive mechanisms.