On The Right To Criminal Justice Supervision

Criminal judicial power is such a power that is backed by state force and is an expression of state punitive power, that safeguards state order and interests by punishing criminal offences. Because the execution of this power often results in execution of punishment and has great effect on individual rights, the supervision of the power can not only promote the realization of social justice, but also effectively protect individual lawful rights and interests.There are totally 5 parts in this paper.Part 1 puts forward that criminal judicial power should be realized in an independent way, but it should be supervised in the same time.Part 2 discusses the necessity of supervising criminal judicial power from the angles of protection of individual rights, the substance of fair procedure and restraints on state punitive power.Part 3 points out that power of criminal trial and power of criminal adjudication are the expressions of criminal judicial power, so the supervision should be carried out from the angles of legality of judges' judicial acts and appropriateness ofadjudication. Concretely, the parties' active and effective use of litigious rights, jury system, judicial impeachment system and social supervision all can bring corresponding outcome from different angles.Part 4 makes some discussions of the difficult situation of existing system. There are theoretical and practical difficulties in existing case supervision system for People's Congress and supervisory pattern of procuratorial power. They not only have not taken effect well but also have impacted on judicial independence.Part 5 points out the supervision of judicial power should be normalized and the justice of judicature should be achieved with the guaranty of the independence of judges on the basis of the analysis of the manner in which the legislative power and procuratorial power supervise. China should construct an effective system for the supervision of judicial power on the two systems, e.g. the system out of law, including promotion of the idea of citizens' rights and freedom of press, and the system in the law, including valid jury system, judicial impeachment and enlargement of the litigious rights of the parties.