检察机关诉讼监督的瓶颈与对策研究

Bottlenecks and Countermeasure Research of Lawsuit Supervision of Procuratorial Organ

诉讼监督是检察机关行使宪法赋予的法律监督权的专门性活动。诉讼监督权包括立案监督权、侦查监督权、审判监督权、刑罚执行监督权和民事审判、行政诉讼监督权。而司法实践中存在着对公安机关侦查活动的监督不力、对法院量刑、判决结果无针对性监督、执行监督存在死角等诸多问题。因此,立法上需要完善,检察官的现行考评制度等工作机制也需要调整。文章针对当前诉讼监督的瓶颈,挖掘其制度设计上的原因,研究诉讼监督的有效方式,从立法、工作机制等方面提出了合理化建议。

Lawsuit Supervision is the special activity that Procuratorial Organ exercises the law supervision entrusted by the constitution.Lawsuit supervision includes filing supervision,investigation supervision power,supervision of executing criminal punishments,judicial affairs and civil trial,administrative litigation.However,there are some problems exsiting in the judicial practice such as the weak supervisory activities of public security organ investigation,non-targeted supervision of the court sentencing and judgement result as well as the blind of implementation and supervision.Therefore,legislation needs perfecting,the current evaluation systems and prosecutors also need to adjust present working mechanism.In view of the current lawsuit supervision bottlenecks,the article explores the system design reasons and studies the ways of lawsuit supervision.Moreover,it gives reasonable suggestions from the aspects of legislation and working mechanism.