Criminal litigation supervision of the current legal framework

Blind spots and Countermeasures

Roger[1]

Abstract: the legal supervision of China's law on the constitutional status of the procuratorial organ. The procuratorial organs of the legal supervision right is the extension of state power in the field of law supervision, supervision right of criminal action is the core power of procuratorial organ litigation supervision, the supervision efficiency doomed should penetrate the whole process of criminal procedure and effectively safeguard the criminal justice. Based on the current legal framework, analysis of the prosecution supervision right of criminal action in the investigation, trial and execution of punishment and supervision of activities in the field of "blind spots" problem, find out the reasons and put forward some suggestions, if the criminal procedure law amended in time for the legislative work to some reference is made in this paper, the largest contribution to strengthen the construction of ability of legal supervision.

 

Keywords: Supervision of criminal procedure Blind spot Countermeasures

 

China's current "constitution" article129And the "law of the people's Procuratorate" article1Shall clearly stipulates: "the people's procuratorates of the people's Republic of China are state organs for legal supervision." This provision not only shows that legal supervision is the basic attribute and the theoretical basis of the procuratorial system of our country, and shows that the supervision right of the procuratorial organ is the organ of state power authorized the right of legal supervision, is the extension of state power in the field of law supervision, with the national statutory, authoritative and professional. "Administrative procedure law" article10"The provisions of the people's Procuratorate has the right to exercise legal supervision of administrative litigation, the"64"The people's Procuratorate of the people's court a legally effective judgment, ruling, finds a violation of provisions of the law and regulations, have the right to lodge a protest in accordance with the procedure for trial supervision"; "Civil Procedure Law" article14"The people's Procuratorate has the right to exercise legal supervision over the civil trial activities, the"187"The Supreme People's Procuratorate of the people's courts at all levels have a legally effective judgment, ruling, the people's Procuratorate at a higher level to the lower level people's court a legally effective judgment, ruling, found the law the 179th regulation circumstances, shall put forward anti V · · · · · ·";The current"Criminal Procedure Law" article8Article: "the people's procuratorates shall exercise legal supervision on criminal prosecution", etc.. Therefore, in our country, the procuratorial power including administrative lawsuit supervision, civil trial supervision, supervision of criminal litigation rights, the right of investigation of official offence. Among them, supervision right of criminal action is the core of the procurator litigation supervision, this paper discusses the supervision right of criminal action, including approval of arrest, prosecution, supervision on the right, right of investigation supervision, judicial supervision and penalty execution supervision.

The current,Our country is in the period of social transition and contradictions,More and more social contradictions in the judicial field in the form of litigation. The people on the judicial demands of justice is strong,Especially for those who have the case can not stand, the guilty do not study, substitute fines for punishment,Even the law enforcement and judicial personnel or play favouritism and commit irregularities, such phenomena reflect strong. To strengthen the legal supervision over litigation activities,To prevent and correct the judicial injustice,Specific requirements is the Party Central Committee,Expectation is the broad masses of the people. Litigation supervision is an important embodiment of the theory of power restriction in the procedure,Maintenance of judicial justice, protection of human rights."The constitution" and the relevant law gives the legal supervision of prosecution, reflected in the field of criminal procedure, is the power of supervision over criminal procedure. The power requirements, the people's Procuratorate must implement the supervision of criminal action is legitimate, the supervision efficiency doomed should penetrate the whole process of criminal activity and to safeguard the criminal justice.

One, the current procuratorial organs in criminal litigation supervision blind area

(a) reflect the blind spot problem in the investigation area

The problem in the field of investigation shows, from the point of legislation, the scope of investigation supervision in our country is not clear, the content is imperfect; from the judicial point of view, the current investigation supervision system is not perfect. Concentrated:

-- criminal case supervision level

The supervision of criminal case filing supervision, refers to the procuratorial organ to file a criminal case main body behavior the legality of. It is not only the Constitution and the law gives prosecutors powers and responsibilities, but also in current judicial practice to maintain justice a legal supervision power urgent need to use. At this stage, the supervision on the blind spot is mainly:

One is not comprehensive, the scope of supervision on the object specified. The criminal procedure law article87The provisions of the people's Procuratorate think "of the public security organ shall be the case on file for investigation and not placed on file for investigation, or the public security organs shall think of the case on file for investigation and not placed on file for investigation, submitted to the people's Procuratorate, the people's Procuratorate shall request the public security organs that do not file a reason. The people's Procuratorate considers that the reasons for not filing the case in public security organs can not be established, it shall notify the public security organs, the public security organ shall file the case after receiving the notice." From the provisions can be seen, the supervision of the criminal record object refers only to the public security organ. The criminal investigation, in addition to the public security organs, and self investigation department, national security, and military prison, the customs investigation department investigation department of procuratorial organs, this provision apparently ruled out as the legal supervision of the national special and unique legal supervision organs -- the machine on the other departments the criminal rights, and provisions are too general, the case filing procedure is the norm, to decide whether or not filing the case legal provisions are not. At the same time, the criminal subject does not have jurisdiction over a case, neither the case to the competent organ, and not notice the informant, the complainant, accuser how behavior supervision were not explicitly stipulated. On "should not be placed on file and file" positive case behavior legal supervision is not specified, will cause the driven by interests and illegal behavior positive case was not corrected in time.

　 The two is the supervision of aging is not clear. The current criminal procedure law does not make provision for the supervision on aging, "the people's Procuratorate rules" criminal procedural law provisions are not specific. Such as appealing department accepting the supervision of filing the case, the review period should be long;Public security organs give reasons for not filing the case can not be established, the examination of arrest shall be limited to the long time notify the public security organ to file or reply Qiangshen departments and so on, the above link is lack of limitation, which makes the cycle extended, influence people's Procuratorate serious law enforcement image.

The three is the supervision on evidence collection difficult. The current law does not stipulate the procuratorial organs on file for some power must be supervised, even the basic right of investigation and collecting evidence can not find a legal basis, this will result in some cases because the victim report is not timely, the case is not in place, or a few police investigation, the collection of evidence does not collect such phenomena, the prosecution case, could not be investigated further evidence, fixed, to determine whether the accused guilty difficult.

-- Investigation and supervision level

Supervision of the criminal investigation, refers to the legal supervision of procuratorial organ is to have legal investigation authority or department investigation subject, procedure, method of the implementation of the legal. On the legislative present situation, supervision of the criminal investigation of relative criminal case supervision, legislation is more general, the blind spot performance:

Supervision of the criminal investigation measures ineffective, lack of operability. The criminal procedure law article76Article: "the people's Procuratorate for examination and approval of the arrest of the work, if it is found that the investigation of the public security organ violations of the law, it shall notify the public security organ to make corrections, the public security organ shall notify the people's Procuratorate will correct." However, the criminal procedure law only stipulates the public security organs in the arrest process should be the correct opinion of procuratorial organs and procuratorial organs decision to inform the procuratorial organs, but not to further clarify the public security organ refuses to correct the violation, or refuse to carry out the legal consequences of the procuratorial organ that made the decision on the review prosecution procedure, did not even provisions. The correction of illegal investigation is weak and feeble. The lack of rigid terms will inevitably lead to the supervision of investigation form, carry out a certain extent restricts the investigation supervision work.

(two) reflect the blind spot problem in judicial field

Criminal trial supervision, legal supervision of the procuratorial organ accuracy refers to the people's Court of criminal trial activities and the judgment of legitimacy. In judicial practice, the procuratorial organs mainly through participate in court, court investigation, chief prosecutor attending judicial committee, reviewed the files, the admissibility of the complaint and other ways to perform the function of criminal trial supervision. The problem existing in the criminal trial supervision of:

-- criminal private prosecution cases are criminal trial supervision in the corner.

The criminal law refers to the victim himself or his legal representative, close relative, in written or oral form, directly to the people's court, the court of criminal cases directly accepted and a trial in. The criminal procedure law article170Regulation: "cases of private prosecution include the following: (a) to be handled the cases ; (two) the victim has evidence to prove that they are minor criminal cases; (three) victims of the defendant violated their personal, evidence to prove that the property rights of criminal responsibility shall be investigated according to law behavior, the public security organ or the people's Procuratorate the defendant shall not be prosecuted for criminal responsibility." The procuratorial organs to criminal trial authority to supervise the state legal supervision of, should include the supervision of the criminal private prosecution cases. But because of the criminal procedure law without judicial activities of procuratorial organs supervision of criminal private prosecution cases to make clear and specific provisions, long-term since, criminal cases are tried by the people's courts lack of exclusive, supervision. In this way, will inevitably be judicial injustice. Sunshine is the best preservative. Practice has proved, the private prosecution cases, such as not to accept the procuratorial supervision according to law, is bound to affect the quality of the trial of criminal private prosecution cases, and affect seriously the justice of the law, but also against "the people's procuratorates of the people's Republic of China are state organs for legal supervision and the spirit of the constitution".

-- the appeal hearing and check after the case presents the trial supervision neutral.

As China implements in the proceedings is the second instance as the final, because the defendant's appeal and the court of second instance procedure starts, the superior people's court to hear such cases, the general is to take a written examination, notify the people's Procuratorate at the same level not sent to participate in the trial. So when the people's court at a higher level will judge the results to the lower level people's court and the people's Procuratorate, the people's procuratorates at higher levels do not know the circumstances of the case, and the lower level people's Procuratorate think is a superior people's court trial, the scope of supervision does not belong to their own, not timely report the case to the people's Procuratorate, resulting in some should be made by the higher people's Procuratorate filed a protest the case can not be timely protest. So is the appeal review cases. In some cases, the effectiveness of the judgment, the defendant appeal, the people's Court of original trial of the case after the review, made the decision to. But the revision of the judgment has not served the procuratorial organs, procuratorial organs or delivery of the court verdict, sentence verdict failed to pay attention to, no special review, some errors cannot be corrected in a timely manner to.

-- on the criminal case with civil part of the trial, the implementation of the legal supervision to.

At present, the people's Court of criminal incidental civil case trial mainly has two forms: one is the criminal, civil trial separately, first instance criminal trial part, after the civil part. The court of criminal part, the public prosecutor must appear in court to support the public prosecution, but the trial of civil part basically does not notify the public prosecutor in court. But the civil part of the trial, some sitting, some not to hold a hearing, how the civil part of the trial, prosecutors can make nothing of it, not to mention the supervision. Two is the criminal and civil trial together, but the civil part of the trial, whether to need the legal supervision, how to implement the supervision, the public prosecutor should hold what kind of attitude, there is no clear legal provisions. The public prosecutor in court only focus on criminal trial, and indifferent to the civil part of the trial. In judicial practice, the existence of these problems, seriously affects the performance of the legal supervision of procuratorial organs, affecting the criminal trial supervision effect, influence the correct implementation of national laws. Therefore, we must focus on the overall situation, to improve the situation of criminal trial supervision fundamentally.

(three) reflected in the blind spot problems in the field of penalty execution

Punishment execution and supervision refers to the supervision, the implementation of the people's Procuratorate of the people's court sentenced to prison and detention center, places of detention, to monitor the activities of the legal supervision of the procuratorial supervision supervision, also known as. Execution of punishment is the last link in the process of criminal lawsuit, strengthen the supervision of this link, not only can the problem of illegal to detect and correct execution of punishment and supervision activities, also can find and correct the illegal problem investigation, prosecution, trial procedure in the. But the existing law on supervision supervision basically not involved, supervision and regulations on supervision activity is almost a blank, showing a lawless situation, formed a legislative vacuum. This is a blind spot in the field of legislative power of legal supervision in penalty implementation, mainly for:

At present, the people's Procuratorate supervision activities of prisons, places of detention of, such as the specification of daily supervision of law enforcement, supervision of penalty execution, maintenance justice protection by the regulators of the legitimate rights and interests of implement, depends entirely on the procuratorial organs of internal regulations. "The people's Procuratorate rules" in criminal procedure436Article: "a people's court for delivery of execution, the execution and other organs of execution of criminal judgments, ruled illegal activities in the supervision, can refer to the rules of the rules relating to the people's Procuratorate to the investigation of the public security organ of supervision for the illegal acts". In judicial practice, the people's Procuratorate is through the "rules" of criminal procedure and the people's Procuratorate supervision "four ways" (that is, "the people's Procuratorate prosecution way," prison "people's Procuratorate procuratorial measures", "people's Procuratorate detention procuratorial measures", "people's Procuratorate probation procuratorial measures") to regulate, a way to reduce the supervision of legal status and specifications. Because of regulatory activities is the actual process of penalty execution, supervision reform which is penalty alteration execution basis, so the supervision activities should be the main contents of supervision of penalty execution. But the current law has no specific provisions, considerable difficulties to carry out supervision of the procuratorial organ.

Two, analysis of the causes of criminal litigation supervision blind spots

Constitution established the people's Procuratorate as state legal supervision organ, which is an important advantage of the formation of the socialist legal system China, criminal procedure law to carry out the spirit of the constitution, the legal supervision of prosecution in criminal litigation activities, is also an important law system come down in one continuous line. But because the relevant laws including criminal procedure law, regulations on legal supervision of the procuratorial organs are too general, resulting in supervision means, measures, procedures are not specific, incomplete, so that the effectiveness of legal supervision is not effectively protect. The reasons are:

(a) the lack of legislation 

Legal provisions on the criminal legal supervision of less, and is too principle. Although the Constitution gives the prosecution the right of legal supervision, but the country has not formulated the supervision regulations matched with the main body, the criminal legal supervision, object, scope, procedures, measures, security and other necessary content to make clear, specific.97Criminal procedural law has strengthened the people's Procuratorate's legal supervision, but also no breakthrough progress. Compared with the right of public prosecution and the right of investigation of official offence, criminal procedural law has no special or special section to stipulate the prosecution supervision. Provisions for supervision procedure only in some laws, and expression is too principle.

(two) and afterwards supervision

China's criminal procedure law supervision regulations, the vast majority of afterwards supervision. This form of supervision has big defects:

-- in the criminal case filing supervision and supervision of investigation, focused on the legal supervision and lack of initiative and supervision lagging effect. Due to the lack of investigation organs (including Department) sharing mechanism and the procuratorial organs placed on file information for each case, the supervision of the procuratorial organs, often only after the investigation organ for approval of arrest began to. The investigation organ for approval of arrest before the investigation activities, can only through the investigation organ shall submit the written examination of the materials, and the majority of illegal acts in fact investigation activities may not be reflected in the file. Measures of supervision afterwards to supervision effect. If the request for approval of arrest cases only through this way the legal supervision of the words, do not so to the request for approval of arrest, also does not have the case transferred for examination before prosecution, from a certain extent, can be said that the legal supervision of the blank. Hysteresis for supervision effect in judicial practice, we feel more deeply. In the examination and approval of the arrest of process, the illegal opinions put forward that investigation organs to correct illegal search, seizure behavior, the investigation organ is often "not to be taken as a precedent". And for the investigation after arrest, the law has not stipulated the measures and procedures in the matter of supervision, can only rely on the stage of review and prosecution and post review. If found illegal illegal behavior investigation, the harm results have been generated, and criminal procedure law does not stipulate the corresponding remedial measures, resulting in the supervision effect weakening.

-- in the criminal trial supervision. One is the criminal trial supervision afterwards restricts the effect of supervision. According to the1998Years1Supreme People's court, the Supreme People's Procuratorate and other six ministries issued "on the implementation of the criminal procedure law" in the provisions of43Article: "the people's Procuratorate put forward rectification opinions on the violation of legal procedure of the hearing shall be proposed by the people's Procuratorate," after the trial; "people's Procuratorate rules" in criminal procedure331Article, article360Tiao Hedi394Also, the procuratorial personnel to attend court court have no litigation cases in violation of the law, but shall be noted in the record, found violating the legal procedure, should be adjourned after the timely to the prosecutor general report, by the procuratorate after the trial and put forward rectification opinions. After the decision of supervision supervision is passive, make up the legal supervision, can not be timely, effectively prevent and correct illegal trial court. Two is the lack of supervision of criminal trial. According to the constitution, criminal trial supervision should run through the whole process of criminal justice, covering all aspects, but the present law of criminal trial supervision regulations lack many, not to the people's Court of first instance of the case of private prosecution, the criminal supplementary civil action case, suitable for simple procedure to try a case on appeal, the appeal case, the procedure for trial supervision of retrial cases and the review procedure of death penalty cases shall be included in the scope of supervision.

-- in the supervision of penalty execution. On the one hand, the court on the commutation, parole, the temporary execution outside prison rule, its essence is directly related to the actual execution of the defendant. But the criminal procedure law for commutation, parole, probation temporary supervision by appeal to propose corrective advice, directly affects the strength and effectiveness of supervision. Because the supervision time is set, the procuratorial organs even put forward rectification opinions, but the ruling has already executed, some criminals have been less than punishment or on parole, some criminals have been out of prison, don't come back, which caused some difficulties to the supervision work. On the other hand, for medical treatment cases, the only need approval by the Department in charge of the prison, will release, while the prosecution correction advice usually only is a form of supervision afterwards.

(three) supervision means less coercive

The procuratorial organs in criminal litigation supervision, mainly through the circular file, protest, procuratorial suggestion, correct illegal means to supervise the register, investigation, trial, execution of criminal punishments. These supervision means, because the law is not perfect, the lack of security mechanism, leading to the judicial practice of supervision, the effect is not ideal. The performance of the more prominent, is to correct the violation, procuratorial suggestion in an embarrassing situation. "Criminal Procedure Law" article76Stipulates the investigation activities to correct the illegal, but the law does not correct implementation of security violations of regulations. "The people's Procuratorate rules" in criminal procedure394The provisions of the court or the trial of cases violating the legal procedure, and put forward rectification opinions to the people's court shall. But if the court for illegal opinions correct prosecutors issued, without objection, also do not perform, the supervisor's behavior is not due to the supervision of the procuratorial organs and turn to the law of the track, the procuratorial supervision and lost its potency. The supervisory authority does not accept the advice to correct the law, the procuratorial organs tend to be at a loss what to do, some agency practice there to correct illegal opinion turn a deaf ear to situation. The legislative blank due to lack of rigidity, mandatory supervision, severely weakened the effectiveness of the legal supervision of the procuratorial organ, become the bottleneck to fulfill the supervision of criminal litigation rights.

Three, countermeasures and suggestions of perfecting the criminal litigation supervision

"To strengthen legal supervision, to safeguard fairness and justice" is the theme of procuratorial work, more is the procuratorial organs as the state legal supervision organ of the mission, but also is the need of constructing socialist harmonious society. In order to effectively play the function of legal supervision of the criminal procedure, ensure correct and effective enforcement of state laws, as soon as possible to eliminate the supervision of criminal litigation "blind spot", the author suggests:

(a) to further improve the supervision of criminal litigation legislation

In the criminal law is amended, one is the scope, the procuratorial organs to exercise the criminal litigation supervision content, procedures, effectiveness, make clear and specific, the supervision of criminal procedure law. Such as: clearly stipulate the procuratorial organ shall file the case and not placed on file, should not be placed on file and supervision of power on the investigative organs. Two is to give prosecutors the right of disposal of certain legal supervision, to ensure the rigidity. Such as clearly defined as "procuratorial suggestions", "book", "advice to correct the law require that the reasons for not filing the case" and other legal documents of the force of law, procuratorial organs to refuse or fail to units and individuals to monitor the acceptance of punishment.

According to the defects in our present investigation supervision mechanism and criminal trial supervision mechanism, perfect from legislation as follows: first, procuratorial organs have to mobilize the public security organs police force to assist in the investigation power in its own investigation, supplementary investigation, clarifying the scope of procuratorial organs in advance of investigative organs "major case", to timely intervention in the investigation activities, strengthening the supervision on the investigation of the activities of procuratorial organs, including the investigation of public security organs at any time the case materials at any time at the scene right and right of supervision, guide the investigation organ obtain legal evidence; the two, give a procuratorial organ to change the mandatory measures, criminal detention, search delay period after the arrest of examination and approval rights and the the investigation organ non litigation decisions (such as labor, compulsory drug addiction rehabilitation) review authority; thirdly, based on the investigation organ (case acceptance Department) collective avoidance, not as serious, serious illegal cases, procuratorial organs in the investigation power; fourth, procuratorial organs supervision right to warn and to the right of discipline, to find the trial activities may cause the country or individual legal interest in the trial, has the right to Shall be ordered to suspend judgment, asked for a new trial, the Supreme People's procuratorate according to monitor mentions counterappeal cases, the Supreme People's court made after the ruling is still wrong, have the right to report to the NPC Standing Committee.

(two) to strengthen the ability of legal supervision, guarantee the prosecutors fully perform their duties

The prosecutor's occupation level and the ability of legal supervision, is the realization of legal supervision results guarantee. The construction of legal supervision power of procuratorial organs is project of a system, need to start from the concept of law enforcement, the level of leadership, team quality, system and mechanism, adopt various measures. At present, the overall quality of the prosecution team including idea, knowledge structure, professional quality, occupation ethics, discipline, and management system, security system, compared with the people's need for legal supervision, there is still not a small gap. The first is to improve the ideological political quality. Prosecutors have just, should have "upright, the sleeves swaying with every soft breeze" occupation morality, justice, honest, loyal, and strict, to maintain social fairness and justice as the lofty occupation mission and lifelong pursuit of value. Two is for prosecutors have excellent professional level. Legal supervision is one of the legal nature of the work, because the objects of supervision are familiar with law enforcement, judicial personnel, so the supervisor must have higher level of legal, stronger professional ability. The three is to use real in the treatment of prosecutors "talents of people", strengthen the prosecutor's duty responsibility and occupation honor. Prosecutors grade allowance to CF police allowance "people's police retired, retirement, the rank be retained · · · · · ·", that accounts for the total number of Prosecutors80%Local prosecutors from the bottom of my heart to establish occupation honor, from the source to ensure that the procuratorial personnel loss, the power of legal supervision play the maintenance country law right and unified implementation effect.

(three) about the supervision of case filing, the focus is to expand the channels of effective clues

2010Years, the Supreme People's Procuratorate, the Ministry of Public Security jointly issued the "provisions of the Supreme People's Procuratorate, Ministry of public security agencies under the jurisdiction of the criminal prosecution standard(Two)"And" the Supreme People's Procuratorate, the Ministry of public security on the supervision of criminal case filing provisions of the relevant issues(Trial)"And other documents, to further improve the procuratorial organs should not be placed on file and should be placed on file and not in violation of the provisions on supervision mechanism. Very good these normative documents to strengthen the guidance of procuratorial organs supervision of accreditation, but the low legislative level, the need to strengthen the supervision of the criminal record through legislative changes, the investigation organ shall exercise the functions and powers of justice. In the legislative gaps in circumstances, in practice can explore the public security organ for the activities of the record review system. The sign of documents and other forms of public security organs, case report regularly will accept, withdrawing, camps regularly inform in writing the procuratorial organs of related activities, the examination and supervision by the procuratorial organs. In addition, the current criminal procedure law does not give a procuratorial organ necessary investigation and verification procedures, in the criminal law is amended, consideration should be given to increase provisions: "the people's Procuratorate to carry out supervision of case filing, can ask the case handling personnel and the relevant parties, consult, copy the investigation organs (including the people's court private prosecution case acceptance of criminal case filing),, the registration and filing, investigation and not to file the case, ruling as well as the investigation organ for the relevant legal documents and archives dealt with, the relevant departments shall cooperate with the." 

(four) improve the synchronous supervision mechanism of change and a penalty, strengthen the procuratorial organs found illegal function, content and scope of supervision

In the existing norms that regulatory enforcement activities illegal ways at the same time, legislation should be made at the intervention system of procuratorial organs. The authorities and the execution of punishment of activities related to the execution of punishment, the procuratorial organs shall be in, have the right to request the executive authority to provide the relevant materials and accept the inspection, the executing organ shall provide relevant materials, refuses to provide or provide false materials, should be held directly responsible persons in charge, the procuratorial organs have the right to suggest the authorities at higher levels shall give disciplinary punishment is necessary, the authority at the next higher level shall feedback procuratorial suggestions within a certain period of time, constitute a crime according to the relevant provisions of the criminal law shall be prosecuted for criminal responsibility. The time involved, including the commutation, parole, the temporary execution outside prison reporting and the trial or written trial work, the procuratorial organs shall be combined with regular inspections of penalty execution phase, the procuratorial result report of the people's Congress and its Standing Committee of National People's Congress, accept the supervision of, and reported to the higher the procuratorial organ for the record, so that the procuratorial organ for supervision of the execution of punishment is more normative, orderly and authority.

To sum up, in the current socialist legal system Chinese characteristics has been formed today, the procuratorial organs as the state legal supervision organ, its mission to go15, glorious and sacred. Procuratorial organs should continue to strengthen the team building, for the target to enhance the competence of legal supervision, learning theory multi way, multi channels to encourage prosecutors to actively participate in the law school, improve the educational level, expand the monitoring field of vision, at the same time to increase the intensity of training, often to carry out training activities, the criminal litigation supervision team have a solid legal theory level and found, correct the problem ability. Make every prosecutors are able to fully use modern means of science and technology, the application of network technology to implement dynamic supervision over criminal proceedings. At the same time, improve the external control mechanisms, and consciously accept the supervision of the National People's Congress Party and the supervision of law enforcement, establish the supervisor authority supervision, improve the credibility, irregularities in a comprehensive, timely and lock the criminal litigation activities, and earnestly safeguard the fairness and authority of criminal justice.                                                

 

 

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