论刑事立案监督律毕业论文

摘    要

刑事立案监督制度是刑事诉讼监督制度的1个重要内容，而现行刑事诉讼法及相关司法解释对刑事立案监督制度却未作完整、规范的规定，致使人民检察院在履行这1法律监督职能时缺乏可操作性和权威性，在1定程度上影响了法律的正确、统1执行。通过分析刑事立案监督制度的基本内容，并结合我国的具体实践，笔者发现人民检察院在履行刑事立案监督职权过程中存在立案监督的对象不全面、范围狭窄、信息渠道不畅、违反立案监督的法律责任不明确等问题。针对这些问题，提出了增加立案监督的对象、完善立案监督的范围和法律制度、优化刑事立案监督制度的法治环境、增强信息交流、拓展刑事立案监督领域等措施，以期有助于该制度的完善。
关键词：立案；刑事立案监督 ；完善

Abstract

The supervision system of filing a criminal case is an important part in the supervision system of criminal lawsuit. But current criminal lawsuit and related justice interpretation don’t formulate completely rules to carry out the supervision system of filing a criminal case, which leads to perform law supervision, to a certain extent, which affect the unitive enferencement of law currently. By analyzing the basic content of the supervision system of filing a criminal case, and joining with our country’s practice, the writer founds that some problems exist as the People’s Procuratorate carry out the supervision system of filing a criminal case: the object of the supervision system of filing a case was incomplete; its range of the supervision system of filing a case was limited; its information channel was impeded and the law liabilities of breaking the supervision system of filing a case was indefinite. And there were some measures proposed to solve these problems, such as adding object of the supervision system of filing a case, improving the range of supervision system of filing a case and law system, beautifying the environment of the supervision system of filing a case, enhancing the exchanges of information, extending the field of the supervision system of filing a criminal case and so on for the perfection of supervision system of filing a criminal system.