加强对侦查机关立案、侦查活动的法律监督。人民检察院、公安机关建立刑事案件信息通报制度和共享平台,通过审查批捕、受理来信来访、当事人投诉、社会舆论、媒体报道等途径,及时发现侦查机关应当立案而不立案和不应当立案而立案的线索并依法审查处理。人民检察院接到报案、控告、举报或者发现侦查人员以非法方法收集证据的,在调查核实的基础上提出纠正意见,同时强化对审查逮捕、延长或者重新计算侦查羁押期限等环节的监督。2011年,全国检察机关共监督立案19786件,对侦查中的违法情况提出纠正意见39432件次。
加强对法院审判活动的法律监督。对于已经发生法律效力的刑事、民事、行政案件判决、裁定、调解,如认为确有错误,或者发现损害国家利益、社会公共利益、违反法定程序影响司法公正的,检察机关有权采取抗诉或者提出检察建议等监督措施。人民法院应在收到检察建议后一个月内作出处理并书面回复。
Strengthening legal supervision over case-filing and activities of the investigation organs. The people's procuratorates and organs of public security have established a briefing system and information-sharing platform for criminal cases. By means of examining and approving for arrest, handling people's petitions and visits, complaints of litigants, public opinion and media reports, the people's procuratorates and organs of public security can promptly find clues to failures in putting a case on file for investigation, or wrongfully putting a case on file for investigation, so that they can review and deal with such situations in accordance with the law. When accepting a case, a charge or a reported offence, or discovering that investigation personnel have collected evidence illegally, the people's procuratorates give suggestions for correction based on investigation and affirmation, and in the meantime, enhance supervision over the examination and approval of an arrest, the extension or recalculation of an investigation or detention. In 2011, the procuratorial organs in China supervised the filing of 19,786 cases. They urged the correction of unlawful procedures during the investigation of 39,432 cases.
Strengthening legal supervision over the judicial activities of the people's courts. For criminal, civil and administrative judgments, rulings and mediation decisions that have come into effect, if mistakes are found in them or which might damage the national or public interest, or contravene legal procedures and affect judicial justice, the procuratorial organs are entitled to lodge a protest or give procuratorial suggestions and take other supervisory measures. The people's courts shall deal with the matter and give a written reply within a month after receiving the procuratorial suggestion.
加强对刑罚执行和监管活动的法律监督。针对近年来看守所、监狱内发生的个别恶性事件暴露出来的问题,检察机关及时会同有关部门开展了全国看守所监管执法专项检查和全国监狱“清查事故隐患,促进安全监管”专项活动,促进依法文明监管。规范和加强派驻监管场所检察室建设,推进与监管场所的执法信息联网和监控联网,完善和落实收押检察、巡视检察等工作机制,加强对监管场所的监督。加强对减刑、假释、暂予监外执行活动的监督,探索建立刑罚变更执行同步监督机制,开展保外就医、看守所械具和禁闭使用情况专项检察。2012年修改的刑事诉讼法明确规定,监狱、看守所等执行机关向人民法院提出减刑、假释、暂予监外执行的建议或者书面意见的,应当将建议书或者书面意见副本抄送人民检察院,人民检察院可以向人民法院提出书面意见。
加强对司法工作人员渎职行为的监督。检察机关对司法工作人员徇私枉法等12种渎职行为,可以通过调查核实违法事实、提出纠正违法意见、建议更换办案人员等措施进行监督,依法惩治渎职行为,维护司法廉洁和公正。
Strengthening legal supervision over penalty execution and surveillance and control process. In view of the exposure of some pernicious incidents in detention houses and prisons in recent years, the procuratorial organs, along with related departments, have launched a campaign to review law-enforcement work in detention houses and to "remove hidden dangers of accidents and promote safe custody" in prisons, in order to ensure the implementation of surveillance and control according to law. The procuratorial organs have intensified supervision over prison and other places of surveillance by regulating and strengthening the work on resident procurator's offices established at these places, building up a network to share information on law enforcement and monitoring in these places, and improving and implementing mechanisms for supervision over detention procedures and for on-site inspections. In addition, the procuratorial organs have intensified supervision over commutation of punishment, parole and temporary execution of sentences outside prison, worked to establish a supervision mechanism for the punctual implementation of penalty changes, and conducted special checks on the implementation of medical parole and the use of enforcement tools and punishing confinement at detention houses. The newly amended Criminal Procedure Law promulgated in 2012 stipulates that prisons, detention houses and other surveillance agencies, when giving suggestions or written proposals to the people's courts for commutation of punishment, release on parole or execution of sentence outside prison, should send the written proposals or copies of them to the people's procuratorates, which can submit their opinions to the people's courts in writing.
Strengthening supervision over judicial functionaries' acts of dereliction of duty. The Supreme People's Procuratorate, together with the Supreme People's Court and other relevant organs, have formulated Some Regulations on Intensifying Legal Supervision over Judicial Functionaries' Dereliction of Duty in Litigation Activities. It makes clear that procuratorial organs can exercise their supervision over 12 acts of dereliction of duty (including bending the law for personal gains) on the part of judicial functionaries by investigating and confirming the alleged violations, giving rectification opinions, and suggesting that the judicial functionaries in question be replaced, in order to punish dereliction of duty, to curb judicial corruption and safeguard justice.