nlwxpearo
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 Posted: Thu 8:52, 31 Mar 2011 Post subject: Criminal case of the main legislative oversight an |
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On the criminal case the main legislative oversight and supervision of Perfection
A new police authority functions. Feast from the judicial practice in recent years, although the Code of Criminal Procedure of the criminal case is vigorous oversight of the provision made, but because the relevant laws and regulations supporting wing in the principles of general and not comprehensive, the lack of operational nature, has given criminal case supervision adverse impact on the acquisition effect, or even hindered the supervision filing hearing things in depth. Criminal Super hereby created the legislative oversight of the main problems in judicial practice slightly Chen Opinion legislative proposals. First, the criminal case supervision and judicial practice, legislative oversight of the major problems caused by the performance of 1. Monitoring the implementation of the criminal prosecution of objects placed on file incomplete; 2. Monitoring the implementation of criminal case prosecution content incomplete; 3. Attorney Criminal Super shed off the implementation of the measures ineffective; 4. Prosecutors real]} sleep monitoring criminal case is not the case the source width. Second, improve the supervision of Criminal Case Criminal Procedure Law provides the legislative proposal to make the criminal case the prosecution to truly implement supervisory power to solve commonly encountered in practice the actual title, to be specified in the law to exercise the powers of the prosecution linked to the object, content, and give it appropriate authority, which shall pass ... a project method proposed legislation to increase to the level of law to be resolved. As follows for this particular legislative proposal. 1. Provisions in the law clearly stipulates criminal case the prosecution object and content of supervision (1) the object of criminal record includes not only the supervision of the public security organs of the criminal case activities should also include national security agencies, the prison authorities, customs departments and the prosecution Itself . (2) criminal case surveillance should include all of the above-mentioned authorities filing criminal activities. 2. Criminal case the prosecution to give the mandatory supervisory measures 3. Criminal case to give prosecutors the right to full supervision of the program (1) provides that the prosecution has the implementation of criminal case investigation and monitoring obtain evidence from the right. (2) the establishment by the case, filing, not filing a case, the Unification of censorship. (3) expand the supervision of the prosecution's case,[link widoczny dla zalogowanych], criminal case the source channels. The legislative proposals to the appropriate legal forms, such as proposals submitted to the NPC Standing Committee, Supreme People's Procuratorate formulated Supervision criminal case, or in the form of legislative interpretation or judicial interpretation on criminal case on the Code of Criminal Procedure to supplement the provisions of supervision. Of: the County of Jiangxi Province People's Procuratorate of selenium should be used to establish a separate theft Although China does not use criminal law theory in reference to theft, but in the specific judicial interpretation on the use of theft to do a special understanding. Such as for the implementation of other crimes of theft of motor vehicles to theft and other crimes by the implementation of the practice of Punishment. For the implementation of other crimes, stealing a motor vehicle when the crime tool to open after use returned to their original or near, the purpose of recreation and other open several stolen vehicles, and the vehicle lost to theft convicted and punished; to drive a motor vehicle stolen Traffic accident occurred during a crime is constituted, but also constitute other crimes, should be the Crime of the implementation of multiple crimes and other crimes; stolen vehicle to open the damaged caused by motor vehicles, according to the provisions of section 275 Criminal Law Review 03 of 20 Bo practice 3j71 · I, l
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