Research On The Responsibility Of Procuratorial Organs In Criminal Justice Cases

In recent years,some major criminal grievances,such as the Nie Shubin case in Hebei Province,the Li Huailiang case in Hebei Province,and the Zhangundefineds nephew case in Jiangsu and Zhejiang provinces,have been constantly corrected,which has aroused great concern and dissatisfaction from the public and public opinion.This has also caused the profound reflection of the political and legal organs,and also made the theorists pay more and more attention to criminal injustice cases,and more people have put into the study of criminal injustice cases,all parties have analyzed different reasons from different angles and three-dimensional,and put forward corresponding countermeasures.If viewed from the development process of criminal proceedings,criminal wrongs may occur in any stage of filing,investigating,examining and prosecuting.If further analysis,any stage of criminal injustice there is a procuratorial organ more or less linked.The investigative organs carry out investigation activities according to law,are in the first pass of criminal proceedings,are engaged in basic work,place their cases on file and arrest by the procuratorial organs,and the court is the last hurdle in criminal proceedings.Its trial activities should also be supervised by procuratorial organs.It is obviously necessary to study the problems of procuratorial organs in criminal cases.According to the Constitution,the underdeveloped Procuratorate is the state legal supervisory organ,elected by the peopleundefineds congresses at the same level,responsible to the peopleundefineds congresses and reporting to the peopleundefineds congresses.Procuratorates and peopleundefineds courts,the government juxtaposed,called "one government and two courts." Its powers are primarily to review and approve arrests,decide on prosecutions and appear in court to support public prosecution functions.1/10000 of the mistakes in criminal justice activities are 100 percent injurious to the parties.Although criminal injustice cases are very few,the negative influence of a criminal injustice case can destroy the rule of law belief accumulated by tens of thousands of just adjudication.In the past few years,under the strong leadership of the Supreme peopleundefineds Procuratorate,the procuratorial organs at the four levels of the country have lodged a total of 35000 criminal protests against them,including the Supreme peopleundefineds Procuratorateundefineds response to the case of "Chen Manundefineds intentional homicide." Eleven major cases,such as the "Tan Xinshan intentional murder case," put forward protest or retrial procuratorial proposals to the Supreme peopleundefineds Court,and eventually pushed the Supreme peopleundefineds Court to retry or revise its sentence according to law.Procuratorial organs actively perform their legal supervision duties,improve the quality of procuratorial organsundefined legal supervision and enhance the judicial credibility of procuratorial organs.This paper analyzes the causes of criminal injustice in procuratorial links,mainly in the following four aspects: first,the current mode of litigation affects the independence of procuratorial organs;second,factors outside the case affect procuratorial organsundefined independence to carry out legal supervision,such as the early intervention of the media.The improper participation of the political and legal commissions,the pressure of public opinion,etc.Third,the procuratorial personnel lack the awareness of preventing criminal injustice,and now most of the public security and judicial personnel are "three-door personnel," although the theoretical level has obviously improved compared with the previous ones.However,the lack of social life experience,mechanical handling of cases,easy to produce criminal injustice;fourth,illegal evidence exclusion rules do not pay attention to,intentionally or unintentionally ignore the innocent evidence,attach importance to the evidence of guilt.This paper analyzes the causes of criminal injustice in procuratorial links,mainly in the following four aspects: first,the current mode of litigation affects the independence of procuratorial organs;second,factors outside the case affect procuratorial organsundefined independence to carry out legal supervision,such as the early intervention of the media.The improper participation of the political and legal commissions,the pressure of public opinion,etc.Third,the procuratorial personnel lack the awareness of preventing criminal injustice,and now most of the public security and judicial personnel are "three-door personnel," although the theoretical level has obviously improved compared with the previous ones.However,the lack of social life experience,mechanical handling of cases,easy to produce criminal injustice;fourth,illegal evidence exclusion rules do not pay attention to,intentionally or unintentionally ignore the innocent evidence,attach importance to the evidence of guilt.To analyze the causes of criminal injustice is not to shirk the responsibility for the procuratorial organ,but to perform the supervision duty better.In view of the problems existing in the legal supervision of procuratorial organs,it is necessary to further improve the legislation on legal supervision,strengthen the construction of the ranks of procuratorial organs,and strengthen the supervision of procuratorial organs over all stages of criminal proceedings.To ensure the normal,smooth and healthy exercise of the legal supervision power in criminal proceedings.Specifically,one is to strengthen the supervision of ordinary criminal cases,including strengthening the rigidity of supervision on filing,the investigation of the conduct of the entire process of supervision,by the criminal complaints department centralized driving legal supervision;Second,we should strengthen the legal supervision over the investigation of job-related crimes by the supervisory committee,with emphasis on strengthening the legal supervision of the procedure of judicial convergence and the supervision of the investigation by the supervisory committee.Third,to establish a scientific and reasonable system of case responsibility,including the implementation of the system of lifetime responsibility for cases,and the implementation of accountability for criminal injustice;fourth,to strengthen the building of the ranks of procuratorial organs.On the one hand,we must respect and protect human rights and adhere to the correct concept of justice.On the other hand,implement the principle of evidence judgment.