Start Criminal Procedure For Trial Supervision Of The Main Study

Criminal procedure for trial supervision is the specific procedure which is initiated by people's court or people's procurator ate, if find that there are some factual mistakes or erroneous application of laws. All these cases are called criminal procedure for trial supervision. The law of criminal procedure in China prescribes that only people's court and prosecutors' office are authorized the power of initiating and deciding a criminal procedure for trial supervision. However, even if litigant, his or (her) legal agents and close relatives have the right to appeal, criminal appeal can't always lead to directly a procedure for trial supervision. The appeal must be investigated by the people's court or the people's procurator ate. In the end, the initiation of criminal procedure for trial supervision depends on the people's court or the people's procurator ate. The right to initiate a criminal procedure for trial supervision is combined with power of making decision. The subject is the people's court and the people's procurator ate rather than litigant. Compared with the systems of criminal procedure for trial supervision of other countries, in general, the power of initiating a procedure and the power of making decision are set up separately and executed by different subjects. The subject which can launch a criminal procedure for trial supervision can be divided into two parts and the first part contains criminals and their legal agents, their couples, off springs, relatives, heirs and trustees when the criminals die or is declared missing. The second part contains specific government agencies or officials such as court prosecutor and justice minister. The subject which can decide to initiate a procedure for trial supervision is court. However, court has no power of initiating the procedure and prosecutorial office has no trial supervision yet. The victim can't initiate procedure for trial supervision as a rule. But as a exception, the victim has the right to launch the procedure and court has no the power yet in Russia. The power of making decision belongs to court and only few particular times (the facts and the law based on effective judgments have been denied by other effective judgments) prosecutorial office has the power of making decision.In order to realize the goal of criminal action, the government should not declare the value of criminal action by passing《Criminal Proceeding Code》, but also set up the rules of action and proceedings, the position of each judicial organization and criminal litigant participant , the relationship between judicial organization and between the subject of litigation. The present initiation of system of initiation and making decision, disorder severely the proceeding mechanism of equidistant triangle—judge, accuser and defender. They are not in accordance with the proceeding ideas and principles, which contain division between the prosecuting party and judge, non—prejudice of adjudication and equal position between the prosecuting party and the defender. We should re-arrange the rules of initiation of criminal procedure for trial supervision in China in order to fulfill, the function of judicial remedy of criminal procedure for trial supervision as much as possible. So, we should pay as much attention to attacking crime as safeguarding people's rights, regard the phase of placing a case on trial supervision as one part of proceeding discard the power of initiation of trial supervision of court, provide procurator organization, condemned people and their legal agents and close relatives with the power of launching criminal procedure for trial supervision. Besides, the tower of deciding trial supervision of procurator organization should be discarding. The proceeding ideas and principles of division between the prosecuting party and judge, non-prejudice of adjudication and equal position between the prosecuting party and defender should be fulfilled through the whole action.