检察机关刑事立案监督的实证调查——以河南省xx市检察机关立案监督实证调查为基础-empirical investigation on the supervision of criminal filing of procuratorial organs - based on the empirical investigation of the supervision of criminal filing of procuratorial organs in xx.docxVIP

AbstractSupervision of criminal filing is the power of the procuratorial organs enjoyed to oversight criminal filing after the modified of the Criminal Procedure law in 1996,thus forming a supervision system constituted of the criminal filing supervision, investigation supervision, judicial supervision and execution supervision, which throughout the entire process of the criminal proceedings . Supervision of criminal filing constitutes an indispensable element in the system of procuratorial organs legal supervision, it is important to ensure fair criminal proceedings and safeguard the legitimate rights and interests of the parties, protection of human rights . In accordance with the provisions of the existing legislation and judicial interpretation of, Supervision of the criminal filing of procuratorial organs refers to the supervision that procuratorial organs carried out to supervise the subject of the criminal case filing or not filing acts legitimate or not.Based on the analysis of XX City, Henan Province Peoples Procuratorate’s work nearly five years about all kinds of criminal filing subjects filed or not to initiate, reflect the current supervision of the criminal filing of procuratorial organs and his’s operation under the revised of the Criminal Procedure law on the new context, and on this basis, put forward the measures helping supervision of criminal filing out of the current predicament. Apart from the introduction and conclusion, is divided into four parts, about twenty thousand words:The first part ，overview aboutSupervision of the criminal filing of procuratorialorgans system .First, Supervision of the criminal filing of procuratorial organs refers to the prosecutors carried out supervise on the subject of the criminal case filing or not filing acts legal or not . Secondly,the theoretical of supervision of the criminal filing of procuratorial organs, including four areas in restricting power, protect human rights, uphold a fair, uniform legal system.