Research On Criminal Protest Of Procuratorial Organization

According to the constitution,the procuratorial organs have the power of legal supervision in accordance with the law, The power of legal supervision is realized through the prosecutorial power, the procuratorial authority from the theory can be divided into four aspects, namely,"review of constitutionality start right","the law supervision right","law enforcement supervision power" and " trial supervision " four class. Among them," trial supervision " is an important part of the legal supervision of procuratoratein which," trial supervision " is an important part of the legal supervision of procuratorate.In the criminal procedure, the procuratorial organs supervise the court in many forms,such as proposing procuratorial suggestions,sending the correcting illegal activities notices,lodging a protest.Among the forms,protest,as the activity which has an important impact on the court,is an important means of judicial supervision activities for the procuratorial organ.Protest can also be seemed as the last line to maintain the judicial fair and it is an important component of the procuratorial power.Procuratorial organs perform the duties of adjudication and supervision by exercising the criminal protest right. It can implement the theme of procuratorial work, that is "Strengthen legal supervision to safeguard fairness and justice".Therefore, Therefore, the procuratorial organs to the criminal protest right to play its due role, we should base on the practice, analysis and find out the influence of the Protest against criminal trial exercise effect, positive research methods, standardize the criminal protest right, to solve the existing problems in the mechanism of protest, the protest of dredging process, protest mechanism effective,make the criminal protest right into perfect, and improve the level of law enforcement,and justice, The Protest against criminal trial should has the legal effect and social effect finally.Based on the things above, this paper begins with the theoretical basis of The power of the Protest against criminal trial. Firstly, I briefly analyze the concept, the character and the property of the criminal protest right.Then, I contrast the second appeal and retrial protest to further explore the criminal protest in the procuratorial organs in protest. In the second part, t The power of the Protest against criminal trial legal function are listed and analysed.The connotation and usages of the legal function is briefly discussed,so as to state the proper legal function of the criminal protest right.In the third part of the article, I analyze and state the problems existing in the concrete application of The power of the Protest against criminal trial.Through summarizing the current The power of the Protest against criminal trial legal status, I investigated the criminal appeal data from2008to2012in D Province, S County prosecutors. I try to analyze the problems from three aspects,which are the start,the relieve and the relationship between the procurator and the court..In the last part of the article, combined with China’s actual situation,I approach how to specificate and perfect the The power of the Protest against criminal trial in order to promote the development of prosecutorial work healthily. It can serve the legal supervision of procuratorial organs effective.