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Supervision of Criminal Case-filing

Author: ZhangZuo
Tutor: LiuYing
School: Jinan University
Course: Legal
Keywords: procurator Supervision criminal case-filing
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 115
Quote: 2
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Abstract


Supervision of criminal case-filing, which plays a crucial role in correcting illegal acts of case-filing as well as exercising case-filing rights accordingly, is a vitally indispensible link in the legal supervisory system of procuratorial authority. However, given the supervisory system of criminal case filing regulated in Criminal Law of 1997, there are many drawbacks constraining the supervisory implementation in criminal case-filing. Thus, there is still much to be done in amending and improving law and regulations relevantly. This article firstly expounds the fundamental theory of supervision on criminal case-filing, then analyzes the existing issues in supervision on criminal case-filing, and finally put forward measures to improve the supervisory system of criminal case-filing.There are four parts in the article, amounting of over 20,000 words.Part One IntroductionFour aspects are involved in this part, namely, the purpose in the research of supervision on criminal case-filing, its significance and value, its researched coverage and research techniques.Part Two Domestic and international comparison of supervision over criminal case-filingThis section includes:supervision of foreign practices on the criminal case, criminal case in China and abroad, the main difference between monitoring, supervision and practice of foreign criminal case against China.Part Three Current issues in the supervisory system of criminal case-filingIt analyses the existing issues from such 7 aspects as lack of sources and clues of the case, the unsound supervisory objects, the narrow range in supervision, the imperfect measures of supervision, the high proof standard, the irrational setting of supervisory subjects, the weakness of supervisory awareness in the procuratorial authority, and the potentiality of further improvement in supervision.Part Four Improvement of the supervisory system of criminal case-filingThis part, based on the analysis of the existing issues discussed in the supervisory system of criminal case-filing, proposes the following measures that the supervisory awareness on case-filing be strengthened; the configuration of supervisory rights of criminal case-filing be improved; the coverage of case-filing supervision be expanded; explicit proof standard be set up in criminal case-filing supervision; deadline of subject review on case-filing be established; professional supervisory section of criminal case-filing be set up; supervision over the self-investigating case by the procuratorial authority be enhanced; and other relevant mechanism be established and improved.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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