Research On The Procuratorial Supervision For Prisons

Under the "Code of Criminal Procedure" and the "Organic Law of the People's Procuratorate," The People's Procuratorate supervise the legality of activities of the prisons detention centers and other prison departments. In order to fulfill their legal oversight responsibilities effectively, and protect the rights of the detained person better, the Prosecution set the special department which is responsible for supervision of prisons. This is the Chinese characteristics of the procuratorial supervision for prisons.Due to the complexity of the duty, many people don't know what the prisons' prosecutor do. What is the purpose for supervising, what problems exist in practice, how can we ensure the effectiveness of inspection and supervision over the work. Answer these questions requiring a systematic and thorough investigation of thought.This chapter focuses specifically on issues of the prosecution theory, which is around the theme what and why the procuratorate to supervise, which problem exists in the process and how to improve the the supervision of the prosecutorial work.As a logical basis for writing the article, in the first part, the author first summarizes the terms of the supervision, in order to identify what is the prosecutor monitoring. In my opinion, could be the responsibility of the supervisor of the prosecutor summed up the prosecution of the criminal law, prison re-education activities, as well as the implementation of the Department's monitoring activities supervision. In response to the question what prisons the prosecutors are monitoring, the article followed by analysis of the purpose of setting the supervisor of the prosecutorial power, to answer the question why the Authority. In my opinion, the reason for the prosecutorial power to set the monitor is aimed at through the mutual checks and balances between the powers to guarantee the smooth progress of criminal activities, the penalty, detention, as well as the final realization of the purpose of protecting the human rights of the detained person. As the legal supervision authority of the prosecution has been subjected to criticism, and the supervisor of the prosecutorial power of legal supervision is an important component of competence, therefore, in the last of the first part, the author analyzes the legitimacy of the prosecution to exercise supervisory functions of prisons, pointed out that the inspection and supervision powers can only be improved through reforms but not be lightly advocated be repealed.In the second part of the article, I start with the macro-analysis on the operation of prisons Attorney morphology, respectively, in order to monitor whether the prosecution of the legal system based on normalization as the standard, will be divided into two kinds of routine inspections and special inspections. Attorney is a normal routine, systematic supervision; special prosecutor is a very state-oriented, sports-style oversight. In this section, combining the first-hand information obtained during the training in the prisons, I analyze the problems which exist in the prosecution approach, prosecution procedures of the routine prosecutors.The main form of prosecution is the Presence, such supervision approach has the advantage is that the prosecution could be through the presence of institutions a comprehensive, timely and accurately monitor the department of law enforcement information and urge the enforcement authorities to keep the strict implementation of the monitoring system, according to the law to change the implementation of way, to protect the basic rights of inmates. However, there are some problems in this mode of supervision, in practice. These problems can be summed up includes two aspects:First, supervisors monitor easily assimilated by the departments; second, low-level presence of prosecution agencies, it is difficult to play a supervisory role. The main problem in the procedures is incomplete inspection and supervision powers and functions. In the process of prosecution, firstly, the prosecutors don't have the compulsory investigative powers, this makes it appears a strange phenomenon in practice that prosecutors want to supervise should seek the prior help by the supervised unit; Secondly, the prosecution has failed to deal with monitoring of the results to directly affect the effectiveness of inspection and supervision.The third part of the article, the author analyzes the main features of the special inspection movement and its limitations. From the point of the causes of the movement, special inspection campaigns generally followed by the relatively large incident occurred in prison, and after media exposure caused a greater response, by the central departments concerned to carry out the deployment. From the point of the results of the campaign, special inspection can certainly soon receive better treatment results, but the high costs of monitoring determines that the mode of supervision can not be sustained. Subject to the subjective and objective conditions, through the special inspection campaigns to establish a long-term monitoring mechanism is difficult, therefore, only by improving the system of prisons and prosecutors can ensure the long-term effective inspection and supervision over the work.Having a grasp on the problems, as well as the causes of the problem, the article made specific opinions about the reforms the prosecution system in the fourth part. In my opinion, improving the supervision of the prosecution system is to solve those three major issues:how can the prosecution have the capacity to monitor, conditional supervision, and how to fulfill their duty. To this end, I put forward my opinions about the reforms including:giving the prosecution the full supervision of empowerment, the implementation of national unity to protect funding for the prosecution of the financial system and strengthening the supervisory power of the prosecution.