Research On Legal Supervision Of The Criminal Justice By Procuratorial Organs In China

Characteristics of China’s procuratorial system, lies in the constitution for the legal status of procuratorial organs, namely State Organs for Legal Supervision. The constitutional position not only makes legal supervision is the core of the Chinese procuratorial system, but also makes the legal supervision system has become a national political system. Therefore, to perfect the legal supervision system, to implement the legal supervision effectively, not only is the important content to construct the procuratorial system with Chinese characteristics, but also is the urgent need of the unity and full implementation of the constitution and other laws. However, the current situation of our legal supervision of procuratorial organs, is far to the strong appeal of procuratorial theory and practice has been emphasis on strengthening the legal supervision. Especially the legal supervision situation of criminal justice of procuratorial organs, even reflects the legal supervision’s bias in theory and helpless in practice openly. The legal supervision of criminal justice has become a ideal field that many scholars devoted to study the legal supervision theory and explore the legal supervision practice.This article is divided into three parts.The first part introduces the present situation of our legal supervision of criminal justice from three aspects of legislation,theory and practice,clarify and analyze the problems that reflect by it,hoping to find out the sticking points of our legal supervision system of criminal justice to lay the foundation and clear direction for strengthening and perfecting the legal supervision of criminal trial stage.The second part is the explanation and response to questions that arising from the theory and practice of the current legal supervision of criminal justice,through clarify the relationship between the legal supervision of criminal justice and judicial independence,equality between prosecution and advocacy,as well as answer the question of "Who supervises the supervisor",hoping to remove thinking obstacles and reduce ideal resistance for that reforming and improving the legal supervision work of criminal trial stage.The third part is on the basis of the former two parts to think about our legal supervision system of criminal justice rarely in theory and legislation,as well as put forward my humble opinions in practice and reform,hoping to benefit our legal supervision work of criminal justice,and be not laughable.