The Study On Prosecutorial Supervision Of Supervisory Power

The reform of the state supervision system has built a new pattern of supervision of power in China.the Constitution,the Supervision Law and other laws and regulations have given the supervisory organs at all levels the power of state supervision.At the beginning of the reform,how to supervise the supervisory power of the supervisory organs was an issue to which the Party and the State attached great importance.2021 promulgated the Implementing Regulations of the Supervision Law,which for the first time clearly proposed that the supervisory organs and their supervisors should be subject to judicial supervision,thus establishing the important status of the judiciary for the supervision of the supervisory organs.The supervisory organs have a tight self-monitoring mechanism,but the effect of homogeneous supervision has never been fully recognized.If we want to prevent the abuse of supervisory power,we must restrain power with power,among which the implementation of heterogeneous supervision of supervisory power,including procuratorial supervision,has become the focus of attention.The article examines the problem of prosecutorial supervision of supervisory power,which is of great significance and value for the smooth and effective functioning of supervisory power.The article takes the theoretical basis of the supervisory power’s prosecutorial supervision and its necessity as the starting point,combines the implementation of laws and regulations,studies the supervisory power at the institutional and practical levels of prosecutorial supervision,analyzes the process of supervisory power’s prosecutorial supervision,and proposes specific strategies to improve the supervisory supervision of supervisory power.This paper has five parts.In the first part,we explain the source and background of the topic,and review the research results by examining the literature in the academic field after the reform of the supervisory system.The second part provides an overview of the supervisory supervision of the supervisory power,and elaborates on the legal and theoretical bases at the level of the Constitution and the Supervision Law.The third part analyzes the implementation status of supervisory supervision and provides a comprehensive overview of the existing system and practice of supervisory supervision,including: supervision of supervisory power by early intervention of the procuratorial authorities,supervision of supervisory power in the decision of coercive measures,supervision in the case jurisdiction,supervision in the stage of examination and prosecution,and supervision of supervisory power in individual procedures.The fourth part mainly explores the problems of supervisory supervision of the supervisory power,firstly,the insufficient supervision of the investigation stage,mainly reflected in the imperfect supervision mechanism of supervisory filing,the inconsistent standards of early intervention,the lack of effective review of detention measures,and the excessive discretion of not transferring cases to the procuratorial authorities;secondly,the insufficient supervision of the examination and prosecution stage,manifested in the insufficient substantive review of cases transferred for prosecution,the lack of substantive review of evidence The second is the lack of supervision at the review and prosecution stage,which is reflected in the lack of substantive review of cases referred for prosecution,the lack of substantive review of evidence,and the limitation of additional investigation by the procuratorial authorities themselves,thus affecting the overall restraining effect.The fifth part mainly explores the practical path of supervisory supervision of the supervisory power,one is to improve the supervision of the investigation stage of the case,mainly to improve the supervision mechanism of the supervisory case,improve the relevant provisions of early intervention,the establishment of detention filing review and stationary prosecution system,and strengthen the supervision of cases not transferred to the procuratorial organs;the second is to strengthen the supervision of the supervisory power in the examination and prosecution stage.This is mainly reflected in the establishment of a substantive review mechanism,strengthening the review of evidence,and fully exercising the right of supplementary investigation,in order to promote the supervision mechanism to achieve effective results.