Research On The Supervision Of Criminal Case

The supervision of criminal case means the legal supervision of the people’s Procuratorate on whether the activity of the criminal case is legal or not.It is an important part of the state judicial organs in the implementation of legal supervision,which is in line with the supervision of the investigation,the right to judicial supervision and the implementation of supervision.With the revision of the Criminal Procedure Law,the Criminal Procedure and the introduction of the criminal case filing Supervision Regulations,the procuratorial organs has further strengthened and standardized the supervision of criminal case filing supervision work,which however witnesses no obvious improved effect.It’s mainly due to that China’s criminal case supervision still faces defects in the legal system and the judicial system.In legislation,supervision is single,the scope of supervision is narrow and the means is not effective;in the judicial case,case sources and channels are poor,starting conditions can hardly come to a consensus and the supervision is ineffective etc..Based on these defects and problems,we should improve the legislation and judicial system of China’s criminal record through learning from foreign legislation and judicial practice.Firstly,we should expand the criminal case supervision object.In addition to the public security organs,it’s necessary to increase exercise supervision and investigation right of procuratorial organs and increase supervision on the state security organs,the Customs Smuggling Investigation Organs,the security departments of the army and prison supervising departments of criminal case filing,however,the state security organs shall comply with the provisions of criminal case supervision and strict procedures;secondly,expanding the supervision of the criminal record range,which not only include where the investigation authority shall initiate without filing supervision,but also where the investigation organ shall not filing the filing supervision;thirdly,setting the starting conditions higher than the criminal case conditions and lower than the starting conditions of the arrest of criminal case filing supervision procedure;fourthly,broadening the sources of clues of criminal case filing supervision.Establishing case information system and building information sharing platform,thus clearing internal clues transfer channels to the procuratorial organs;fifthly,standardizing the criminal case filing supervision procedures.Formulating rules for the implementation of the supervision of criminal cases and subdividing the system of archival filing and examination.