Research The Criminal Case Monitoring Which Based On The Perspective Of Public Power

Since the implement of "Code of Criminal Procedure" in 1997, the criminal case monitoring and the supervision of the criminal investigation, of criminal justice and of criminal prosecution all together have constituted a law system of supervision in criminal proceedings. The high efficiency of this monitoring system is significant for the accomplishment of the goal. However, due to its hasty and rough design, there are many drawbacks in practice. In short, the monitoring system of criminal cases is "congenitally deficient, acquired deformity". In "Code of Criminal Procedure" prepare to revise, to study criminal case monitoring system and practice of criminal case systematically and analyze the reasons of the existing problems, that has a positive meaning. The problems it faced need to be explored deeply, systematically and scientifically. Accordingly, first of all, the paper discusses the basic theory of the supervisory system systematically; and then it examines the judicial practice of criminal case supervision in GD Province, and analyzes its exsiting problems in great depth. At last, the paper puts forward the idea of improving the supervision system of criminal case.The first part is an introduction, which mainly introduces the background and significance of the criminal case monitoring, its research status analysis, the main content, as well as the research methods.The second part discusses the basic theory of the criminal case monitoring system, including the concept of criminal case monitoring, its theoretical basis, value, and the impact of the independence of criminal case proceedings on the criminal case monitoring. The criminal case monitoring refers to a specialized law monitoring, the inspection department implemented to the subject, on every activity concerned. Its features are the speciality of its subject, the legality of the proceedings, the specialized nature of supervision and the certainty of its object and scope. Criminal Super theoretical basis is the theory of separation of powers, and its legal basis are the "Constitution", "Organic Law of the People's Procuratorate", "Criminal Procedure" and judicial interpretation. The value of the criminal case monitoring include entity and procedure value.The third part is about the empirical analysis of the criminal case monitorion-Case in GD Province. The paper adopts an empirical analysis, and systematically examines the basic situation of the operation of the criminal case monitoring in GD Province, and then points out some problems and analyzes the causes. It mainly uses methods like having informal conversations with inspectors, collecting materials of the status analysis of the criminal case monitoring and the related data of GD in recent two years and of the country in 2009. It also introduces the data of the criminal case monitoring in practice, the operating proceedings, instruments work and evaluation mechanism.The fourth part argues about the improvement of the criminal case supervision based on theory and practice. In this section, it first analyze the necessity of its improvement, and then puts forward its achievement by three aspects:strenghening the awareness, improving its legislation and setting up related measures. To improve criminal case supervision, we suggest that we should extend its objects, ascertain its contents, establish the censoring system for case material records, improve its investigation rights, grant the inspection department the rights to advise punishment and to retract, improve its tracking system, make sure the specific time limit for the subject to censor the criminal case, establish the supervision system on self-detective case that the superior inspect department implemented to its subordinate department. At the same time, in order to ensure the effective operating of criminal case supervision, we should set up some related measures besides legislation. To be exactly, we ought to establish specific supervision department for criminal case, establish and improve the criminal case supervision network, enhance its publicity and set up the supervision system for the penal reconciliation.