Discussion On The Construction Of Procuratorial Case Handling Model For Criminal Execution

Legal supervision is the duty and main business of procuratorial organs.As an important part of legal supervision of procuratorial organs,criminal execution procuratorial organs are the last link of legal supervision of procuratorial organs in the whole process of criminal proceedings.It is directly related to the correct implementation of the state’s penalty power and an important pillar of the procuratorial supervision system.For a long time,the procuratorial work mode of criminal execution has been adopted.Although the efficiency of short-term supervision has been improved and it is easy to obtain the cooperation of supervised units,it relies too much on the work experience of procuratorial personnel in law enforcement,lacks standardization in procedure and is not strong in restriction,which not only affects the effect of procuratorial supervision,but also greatly damages the authority of procuratorial supervision.With the change of the name of the procuratorate,the advancement of the judicial system reform and the revision of the Criminal Procedure Law,the traditional procuratorial mode of criminal execution has been unable to meet the needs of improving the judicial responsibility system and procuratorial supervision system in the new era.Corresponding to the mode of handling cases,the mode of handling cases has the characteristics of emphasizing procedural,standardization,clear power and responsibility,and traces of performance.Therefore,from the theoretical and practical levels,it is imperative to promote the transformation of criminal execution procuratorial mode from the mode of handling affairs to the mode of handling cases.Although the procuratorates in some areas have begun to practice and explore the criminal execution procuratorial case handling mode,it is undeniable that the construction process of the criminal execution procuratorial case handling mode still faces enormous difficulties and challenges.Therefore,it is necessary to make a thorough study on the relevant theories of criminal execution case handling mode,to compare and analyze the advantages and disadvantages of the two modes,and to put forward some feasible suggestions in the light of the problems existing in the process of constructing the case handling mode: to rationally determine the scope of application of the mode,to strengthen the legislative guarantee,to improve the evidence rules and the proof system,to perfect the case handling process,and to strengthen the subject.Construction,optimization of supervision methods,etc.in order to provide reference for the reform and development of criminal prosecution under the new situation.