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刑事立案监督是刑事诉讼法中的一项重要制度,修改后的刑事诉讼法专门就检察机关对公安机关的立案监督作了法条性的规定,以弥补司法实践中“有案不立”、“以罚代立”等现象的缺陷,希望强化立案监督程序来防止刑事诉讼活动的扩张、滥用而危及公民的正常生活。从而达到维护公平正义,保障人权,实现个人与社会的有效统一。然而随着刑事立案监督实践的不断发展,该立法的缺陷已逐渐显露出来。不仅表现在监督主体的范围上十分狭窄,就是法条本身单就检察机关的对公安机关的立案监督工作在实际运作中也存在着很大困难。鉴于此,本文拟就法条所列出的相关规定所存在的问题作一基本的探讨。
Supervision of criminal case filing is an important system in the criminal procedure law. The amended Criminal Procedure Law specifically stipulates the procuratorial organs' supervision on the case filing by the public security organ so as to make up for the “case where there is no case” in judicial practice, “Penalty and Substitution” and other phenomena, and hope to strengthen the procedures for the supervision of cases to prevent the expansion of criminal activities, abuse and endanger the normal life of citizens. So as to maintain fairness and justice, safeguard human rights, and achieve an effective reunification of individuals and society. However, with the continuous development of criminal case supervision practice, the defects of this legislation have gradually emerged. It is not only the scope of the supervisory body is very narrow, is the law itself alone procuratorial organs of the public security organ in the actual operation of the supervision of the work there are also great difficulties. In view of this, this article intends to make a basic discussion on the problems existing in the relevant provisions listed in the law.