Empirical Investigation About Supervision Of The Criminal Filing Of Procuratoriaj Organs

Supervision of criminal filing is the power of the procuratorial organs enjoyed tooversight criminal filing after the modified of the Criminal Procedure law in1996,thusforming a supervision system constituted of the criminal filing supervision, investigationsupervision, judicial supervision and execution supervision, which throughout the entireprocess of the criminal proceedings. Supervision of criminal filing constitutes anindispensable element in the system of procuratorial organs legal supervision, it is importantto ensure fair criminal proceedings and safeguard the legitimate rights and interests of theparties, protection of human rights. In accordance with the provisions of the existinglegislation and judicial interpretation of, Supervision of the criminal filing of procuratorialorgans refers to the supervision that procuratorial organs carried out to supervise the subjectof the criminal case filing or not filing acts legitimate or not.Based on the analysis of XX City, Henan Province People’s Procuratorate’s work nearlyfive years about all kinds of criminal filing subjects filed or not to initiate, reflect the currentsupervision of the criminal filing of procuratorial organs and his’s operation under the revisedof the Criminal Procedure law on the new context, and on this basis, put forward the measureshelping supervision of criminal filing out of the current predicament. Apart from theintroduction and conclusion, is divided into four parts, about twenty thousand words:The first part，overview about Supervision of the criminal filing of procuratorialorgans system.First, Supervision of the criminal filing of procuratorial organs refers to theprosecutors carried out supervise on the subject of the criminal case filing or not filing actslegal or not. Secondly,the theoretical of supervision of the criminal filing of procuratorialorgans, including four areas in restricting power, protect human rights, uphold a fair, uniformlegal system. Again, supervision of the criminal filing of procuratorial organs’s developmentprocess in our country, the first is theoretical level, the second is the legislative level. Finally,supervision of the criminal filing of procuratorial organs’s development outcomes in recentyears.The second part, the situation refers to the empirical investigation about Supervision ofthe criminal filing of procuratorial organs. First, data analysis Obout XX City, HenanProvince People’s Procuratorate of the city’s supervision to the main criminal filing bodies filing or not filing in the past five years. Secondly, the characteristics of the city’s criminalcase supervision. Fiestly, supervision of criminal filing has got much effectiveness,but thereare many obvious shortcomings;Secondly, supervision to illegal not filing are more thanillegal filing;Thirdly,the supervision is focused on filing of the public securityorgans;Fourthly, the number of Supervision of the criminal filing are obviously affected bythe introduction of laws, regulations and policies;Fifthly, there is a big gap obout spervisionof the criminal filing between the number of the average number of the nationwide.The third part, the main problems exist in this area on the work of supervision of thecriminal filing. Firstly, the concept to the supervision of the criminal filing does not reach thedesignated position. One is there are some rejects obout the supervision of the criminal filingin the investigating authorities,law enforcement agencies, and other objects being supervised,the other is the presence of fear and utilitarian psychology in procuratorial organs. Secondly,the related laws and regulations have some defects. The first, clue to the source for thesupervision of the criminal case is too narrow，the second is the standard to start thesupervision of the criminal case is too high, the third is the departments of supervision of thecriminal case are unknown, the forth is the supervision to the cases filed itself is ineffective.Finally, supervision of the criminal filing lacks of punitive provisions. First,the remindersright is difficult to implement, the second is the scope of the right to investigate and verify istoo narrow, the third is lack of disciplinary mechanisms.The fourth part, measures for the supervision of the criminal filing of procuratorialorgans to go out of the woods. First, update the judicial philosophy, and strengthensupervision of consciousness, the supervisory authority and the authorities who are supervisedshould start at the same time. Secondly, integration of existing legal resources, form of thesystem together. Finally, given the procuratorial organs for certain disciplinary authority sothat they can strengthen the rigidity.