英语论文网

8 : "The people 's procuratorate exercise legal supervision over criminal proceedings ." So, the People's Procuratorate as the only national legal supervision organs, its own criminal activity is no other authority can supervise their implementation , basically for themselves supervision. In addition, prosecutors, law two unite together, and has a natural commonality , the Procuratorate procedural violations of the court is also difficult to effective supervision.

Again , the current public security play an effective oversight role , whether it is the NPC's case supervision , or the news media monitoring are concerned about the results of the entity , less concern for the program . Much discussed procedural violations nothing more than torture, extended detention , violation of the right to defense , and so the prosecution of several square behavior . And treatment of those affected by improper procedures of criminal suspects and defendants , if the last on the entity obtained a fair result , public security organs will not be too much blame.

First , criminal structure is irrational. Overall, China 's criminal proceedings can be said to be a kind of " assembly-line style ." [ 9 ] three public security organs through the " assembly line " approach to criminal activities , each at a certain stage of the proceedings to a large extent on the final decision , not a lot of procedural violations of procedural oversight corrected. Secondly , the judge is not independent . Politics and Law Committee of the widespread practice of coordinating cases , case supervision by the NPC system , the news media does not regulate speculation , etc., have made China a judge not only to assume the mission of trying cases , but also to face the news media interviews at any time , to deal with the party administrative authorities pressure to bear from the social aspects of the overcritical . Judges in adjudicating cases , the concern is not their own , and the public security organs, prosecution compliance with legal proceedings , but rather focus on leadership advice , opinion -oriented . Therefore, the criminal justice process , contrary to the procedures have occurred .

In judicial practice in China , the program exists to varying degrees of lawlessness in all stages of criminal proceedings , but generally failed to meet the severity of the violation of substantive law , only with procedural legal consequences , namely through the constraints and procedural mechanisms referee sanctions against offenders . Procedural referee is relative to the physical presence of the referee and with different substantive referee , the referee is not the answer procedural conviction and sentencing of the defendant 's substantive issues , but the judge ex officio or procedural application of the parties , the case questions of procedure made by the referee activities .

In general, procedural referee has broad and narrow sense. Generalized procedural referee means any justice agencies to resolve any procedural issues at the adjudicative process . If the judge made on whether to approve evade referee for the defense to challenge the jurisdiction of the referee whether to approve more. However , the paper said procedural referee only narrowly procedural referees, that the Court of police , prosecutors, judges and other officials involved in the criminal justice activities are in breach of the