The Research Of The Supervision Mechanism Of The Criminal Record

Case filing procedure is an essential and independent stage of criminal proceeding and the beginning and compulsory part of criminal procedure enforcement. As legal supervision organs, People's Procuratorate has the right to supervise the case filing procedure in order to safeguard to exercise the right to file lawfully without abusing. Criminal case filing, criminal investigations and supervision, criminal justice supervision, and criminal enforcement authorities together constitute our country's criminal law system of supervision. However, the provisions of criminal case supervision are too principled and difficult to operate which results the implementation of case supervision is less than satisfactory in judicial practice.At present, China's criminal case filing supervisory mechanisms exists the main problems are:firstly, at the legislative aspect, the object of supervision is not comprehensive, the content of supervision is too narrow, and supervision procedures are not complete, the effectiveness of supervision is not strong, as well as supervision of the criminal case is not a unified legislative provisions. Secondly, at the judicial aspect, the resources of supervisory clues is limited, no special department responsible to supervisory activities, the lake of the case filing supervisory rights of China's supervisory authorities, non-uniform and supervisory standards, and so on.The existence of above questions is more than thought reasons; there are also the legislative reasons and practical reasons. In order to improve the monitoring mechanism of criminal case filing procedure, the author consider that it should take account of three aspects, principles, paths, protections. Perfecting the principles of case filing supervision can provide Macro-guidance for the entire case filing supervisory activities and keep the practices without losing the correct direction; perfecting the paths of case filing supervision can provide concrete and feasible programs for the case filing supervisory activities; perfecting the safeguard measures of case filing supervision can make the case filing supervisory work carry out successfully and effectively.In conclusion, against the status of our country's case filing supervision, the author attempts to carry out some theoretical exploration and hope to be able to do some efforts to our country's case filing supervisory activities.