On The Supervision Of Procuratorial Organs Of Criminal Justice

In our country, law supervising organ, as the country of people's procurator ate, is bearing the important legal supervision duty at each stages of judicial activity, on one hand the supervision that the prosecutorial organ carries on is different from the supervision of general meanings such as supervision by public opinion, social supervision ,etc, on the other hand even there are basic differences with the supervision of the National People's Congress, In the judicial activity, the supervision of the prosecutorial organ mainly reflects in three following respects: Examine the case that the public security organ investigates, determine whether to arrest, prosecute or not prosecute, whether the investigation of the public security organ is legal to carry on supervision; Have the right to criminal judgment, execution and prison of adjudication , execution of detention house activity of penalty legal to go on legal supervision; Whether the trial procedure to the people's court is legal to carry on supervision. This text only probes into the supervision on court's criminal justice of prosecutorial organ. Procurator work supervisory system of our country there is his particular historical origin cause of formation, receive the severe challenge in realistic operation, the result is that the system is put emptily, operation is ineffective, reasons to cause this kind of situation are in many aspects, such as not legislating completely, exercise prosecutorial work right and lack the system to ensure etc. independently. But the key to the question lies in, the supervision on trial of prosecutorial organ can already help the fairness that deal with of case, may damage the authority tried. So, the necessary value to the supervisory system of prosecutorial work is re-recognizedThe first part of this article introduces the meaning of supervision on criminal justice of prosecutorial organ and legislation current situation briefly; Part two , From safeguarding the justice and establishing two respects of judicial authority and proving in the necessity that the supervisory system of prosecutorial work exists of the present stage in our country; Part three, Have analyzed characteristic on supervision and idea foundation on criminal justice of prosecutorial organ emphatically, and has analyzed the prosecutorial organ from three aspects of system, legislating and operation to the defect existing in the supervision of criminal justice;...