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我国刑事立案监督制度具有正当性和合理性,“侦检分工制约理论”是构建刑事立案检察监督制度的理论基础。刑事立案监督的制度价值在于维护公平正义、保障人权和促进社会和谐。当前我国刑事立案监督制度存在立案监督的范围狭窄、对象有限、监督乏力、监督的信息渠道不够畅通等问题。对此,要进一步完善刑事立案监督的对象和范围,建立起科学、全面的刑事立案监督制度;要进一步健全和完善公、检、法三机关内部的配套工作制度,确保立案监督渠道的畅通;要强化人民检察院的立案监督权,明确设定拒不接受立案监督的法律责任。
The system of criminal investigation and prosecution in our country has the legitimacy and rationality. “The Theory of Restricting the Division of Restrictions and Detection” is the theoretical basis for constructing the system of procuratorial supervision of criminal cases. The system value of criminal case supervision lies in safeguarding fairness and justice, safeguarding human rights and promoting social harmony. At present, the system of criminal case filing in our country has such problems as narrow scope of filing and supervision, limited objects, weak supervision and insufficient channels of information for supervision. In this regard, it is necessary to further improve the object and scope of criminal case filing supervision and establish a scientific and comprehensive criminal case filing supervision system; it is necessary to further improve and perfect the supporting work system within the three departments of public security, prosecution and law so as to ensure the smooth flow of filing and supervision channels; It is necessary to strengthen the people’s procuratorate’s right of filing the case and clearly set the legal responsibility of refusing to accept the case supervision.