Research On Defect And Countermeasure Of Our Country’s Criminal Case Supervision System

The party’s eighteen session of the Fourth Plenary Session of the "rule of law" to a hitherto unknown height, in the special research and deployment of "rule of law" policies, proposed many reform requirementsand objectives for the procuratorial system has China characteristics.One of them is that procuratorial organs should strengthen supervisionof judicial activities, improve the legal system of the procuratorial organsto exercise supervision, strengthen legal supervision over criminallitigation, civil litigation, administrative litigation, improve the system of people’s supervisor, and never allow the law to show mercy, never allow the bearing on the case, the human case, the case of money. The eighteen session of the Fourth Plenary Session of this on the procuratorial work requirements, we need to the current legal systemmore scientific and meticulous study and revision. The supervision of criminal record as one of the four major duties of supervisionof procuratorial organs, over the years because not available knowledgeand the system is not perfect, has the serious lag, become a difficult problem that restricts the process of China’s rule of law and procuratorialsystem reform, with the eighteen session of the Fourth Plenary sessionand further promote the deployment and implementation strategy of governing the country by law, to perfect our supervision on the law a comprehensive security system, equity and justice of human rights and the rale of law is very necessary and urgent.Since 1996 revised "Criminal Procedure Law" was established by our country’s criminal case supervision system since, after eighteen years of exploration and development and perfection of the 2012 "Criminal Procedure Law" once again revised legislation, has formed a China characteristics of the criminal case filing supervision law system. In the relevant laws and regulations and guidelines, the procuratorial organs to actively carry out the criminal case supervision, to correct a number of tens of thousands of "the legislation does not stand" or "should not stand" illegal handling behavior, effectively safeguarding the justice and dignity of law, won the people’s welcome and support. But with the development of social economy and people’s legal consciousness unceasing enhancement, after revision of case filing supervision legal system still has the serious lag, cannot satisfy the people to the legal justice demands and expectations.Especially in the existing legal norms in China, regulations on the object, case supervision measures is very narrow and limited, so that many should accept and register under the supervision of the behavior of free from the outside supervision, the legal rights of the parties cannot get legal protection and maintenance. In basic research on before the people, combined with judicial practice itself, Tries hard from the origin analysis of China’s present situation and deficiencies on supervision, the suggestions to improve the legislation and perfect the relevant case supervision mechanisms, establish a set of case supervision system has China characteristics, to restrict and promote the case supervision comprehensive, healthy development.This is divided into five parts. The first part, the author introduces the concept, development and supervision of the criminal record system characteristic and value. The second part the author sums up the supervision system of criminal case filing supervision standards and procedures. The third part the author introduces the file monitoring system in Western countries,And in our case monitoring system and Anglo American law system, continental law countries case monitoring system are compared. The fourth part, the author introduces the supervision status register in China, summarizes the defects of our supervision of case filing system, and analyzes the reasons for ineffective supervision. The fifth part, the author of how to perfect the supervision on legislation and supervision mechanism is proposed to see built their own.Summary, the author’s suggestions in two aspects, one is to perfect the supervision on legislation, two is the perfect case supervision mechanism. Specifically speaking, case supervision legislation advice case supervision object,Will all have the case right into the scope of supervision department. Expand the scope of supervision on the. Strengthen the supervision of procuratorial organs placed on file permissions. Clearly, the specific case supervision period; strengthening the supervision of case filing mechanism, proposed the establishment of supervision mechanism for special. Establish mechanism, broaden sources of case clues. To establish and perfect the active supervision mechanism, strengthen the procuratorate initiative, change "results" supervision "for process supervision".