Only after filing the statutory procedures, investigative and judicial activities is based on .File stage specific procedural tasks and independent legal relationship it is not under investigation or trial ,is an independent stage of criminal litigation .
Because the file stage is the main problem to should be filed without access ,procuratorate ,court condition determines the specificity of the case-filing supervision object generally for the public security organ ,supervision of accreditation is the main content of the file and not filing the case .
One ,our country law of the relevant provisions on supervision .On legal supervision on stage ,our country constitution and criminal procedure law are provided .Such as the constitution of 129th and 135th are about the criminal case-filing supervision legislative principles ,macroscopic ,general provisions of criminal law ,through the seventh ,eighth ,eighty-sixth ,eighty-seventh shall be specific, of which a very important is also the most specific rule is Criminal Procedure Law Article 87 stated that the people public security organs should have filed a case for investigation but has not yet filed the case ,or the victim that public security organs should have filed a case for investigation but has not yet filed the case ,to the people proposed ,the people shall request the public security organ to explain the reasons for not filing the case .
The people reason cannot be established ,it shall notify the public security organs ,public security organs after receiving the notification shall file . In the domain of criminal proceedings in our country ,procuratorial organs for legal supervision on stage have been breakthroughs the traditional model of the backward ,toward modernization stride pattern ,this file stage to prevent possible case does not stand phenomenon ,safeguard the socialist legal system the seriousness and authority ,having the effect that cannot underestimate .
However in case supervision status can be seen ,this system still has many not just as one wishes .In two ,China supervision system problems .The author thinks ,incorporate is the following two aspects :1 ,first of all ,case supervision rules simple ,rough ,the lack of the corresponding principles ,system guarantee ,guarantee supervision channels .
Criminal Procedure Law Article 87 is the case supervision of one of the most important rules ,but if do not solve the following three problems ,it is difficult to fall to real point .The first is the procuratorial organ to establish and register matching case supervision mechanism and system ;second is expressly provided for the prosecution to the public security organs has case supervision coordination principles and procedures ;third is defined in the public security organ refuses to explain the reasons for not filing the case or to not file the case, prosecutors modifications and processing method of .
Only solve the above three problems ,this article can better play a role ,but the current Criminal Procedure Law but not on the three problem sets ,separate 87 difficult to solve .2 ,secondly ,the lack of specific provisions in violation of provisions of the law on supervision responsibility statement ,no supervision smoothly .
For the public security departments ,file is its rights, but also its obligations .When the exclusion of the other organs of the intervention and shall independently exercise powers ,for duty ,it must also be in accordance with the law ,or shall bear the corresponding legal responsibility .
From this point, the criminal procedure law of our country is not the default behavior for any specific responsible ,which makes no liability backing register right to supervision ,supervision of accreditation to really play the role of .
Three ,consummation of criminal case-filing supervision work of legislation .From afore-mentioned a series of problems can be seen ,criminal procedure law on the case-filing supervision regulations actually put into practice is very difficult .
The only way to solve this contradiction ,is given through legislation the procuratorial organ has both force protection ,and the specific operating rules may follow ,fully embodies the procuratorial organs supervision function of criminal case-filing supervision power ,only its are such ,criminal case-filing supervision work to fall to real point truly .
The author thinks ,in view of our criminal procedure law on the prosecution of criminal case-filing supervision work stipulation insufficiency ,taking into account the criminal activities of public security organs supervise the actual need, the organs of state power from the legislative angle to research and establish a single criminal case-filing supervision work regulations or rules ,in order to solve the criminal case filing work generated a lot of problem .
For criminal case-filing supervision work of legislation ,the author thinks :1 ,first of all ,should be clear about the procuratorial organ in criminal case-filing supervision work of authority ,it should include :( 1) to the public security organ case to the investigation of various stages of the criminal case record review; ( 2) to the public security organs of illegal handling criminal cases understanding and investigation ,to verify the right ;( 3) to the public security organs by case review right ;( 4) to issue any notice ,exercise correct illegal decision and action right ;( 5) direct investigation and public security organs to correct the illegal handling criminal cases ;(6 ) a treatment of malfeasance the public security police suggested that right .
2 ,secondly ,should be established to adapt to criminal case-filing supervision work in various working systems .( 1) establishment of letters and visits system .The masses of the public security organs substituting criminal punishment legislation and not investigate illegal processing all kinds of criminal cases ,can be oral or written to the procuratorial organ responsible for the supervision of accreditation of the departments responsible for the supervision ,procuratorial organs on the sector ,mbt outlet,according to the specific contents to the public security organs to understand the situation ,finds the problem, timely correction of .
The corresponding file for investigation and not on file for investigation and prosecution of cases ,should request the public security organ to illustrate the unincorporated ,withdrawn and did not investigate reason .
After investigation and verification ,the unincorporated reason is inconsistent with the facts, to the public security organ to send the filing notice ,notify the case to put forward ;reason not to set up a practice ,should be to the public security organs to send recovery Notice of filing a notice ,restore file without justifiable reason ;for not investigating the case case ,should be ordered to public security organ shall investigate .
( 2) the establishment of criminal case filing and examination system .The public security organs in the case ,decide whether or not to initiate the withdrawing of criminal cases ,criminal cases shall be the registration form ,written decision of case-filing ,not filing the case decision ,decided to close the procuratorial organ responsible for the supervision of criminal case department ,decides to not file and removing cases ,should also be submitted case files and other the main evidence .
Procuratorial organs responsible for case-filing supervision department shall decide to initiate a case by case ,relevant legal instruments ,serial number ,registration filing ;decides to not file and removing cases ,through the review of the record filing materials ( if necessary, may conduct investigation and verification ) ,examine its not file ,remove the reason is established .
On the investigation and it shall not file a case ,should be sent the filing notice ,notify the public security organ for investigation; the practice cases of misconduct ,should be sent recovery Notice of filing a notice ,file recovery .
( 3) to establish a case review system .Prosecution of public security organs at the same level by the case to the reconnaissance of various stages of the cases should be organized regularly ,periodically review .
The method is ,the public security organs of the archival materials ,masses of letters and visits from the material and public security organs in the case of registration materials relatively, found from the underreporting of cases .
Find missing cases ,shall timely put forward corrective feedback ,and the cases were registered .For the case in question ,according to the first system procedures ,regulations .( 4) to establish a case tracking reminders system .
For the procuratorial organ has issued the notice , file recovery file the notice and all kinds of corrective feedback case ,should be limited to specific deadline, and to track and monitor the implementation ,reminders implementation results .
( 5 ) to establish case supervision departments of their criminal mandatory supervision system .The procuratorial organ to have to the public security organs issued a case and recovery of file in the notification ,and ordered to investigate various cases ,defining execution time limit has been to, public security organs still refused to perform the ,hollister online,case should direct investigation, and transferred for examination before prosecution, to rectify the illegal decision ,to maintain the sanctity of the law .
On the public security organs in the work there is dereliction of duty and tort relevant personnel should according to the seriousness of the circumstances ,hollister pas cher,by the various departments ,and suggested to the party ,disciplinary action, and shall be prosecuted for criminal responsibility .
3 ,and finally,ugg espa?a, on the procuratorial supervision of criminal case sector setting problem ,the author thinks ,should set up an independent investigation and supervision ,the public prosecution department outside of specialized agencies to undertake the task .
This can be avoided ,the public prosecution department of investigation supervision for part-time caused by overload ,too dispersed ,and the work flow at the form ,or supervision of investigation ,prosecution department because of early intervention and the formation of the first impressions are strongest ,causing joint case-handling many ills occurrence .
Independent supervision of criminal case next department can not work between bound and does not bear the additional pressure, systemic heart ,all-around the ground into the work ,then can guarantee the supervision work of high quality and high efficiency, achieve the criminal case-filing supervision order .
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