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刑事立案监督,(以下简称“立案监督”),是指享有法律监督职权的机关或人员和其他有关机关和公民对公安司法机关的立案是否依法进行实行监督。立案监督有广狭二义之分,狭义的立案监督是指享有法律监督权的人民检察院对已经立案的案件实行监督;广义的立案监督,从监督的主体讲,既包括人民检察院的监督,又包括三机关相互间通过“互相制约”实行的立案监督,以及党的监督、人民代表大会的监督和人民群众的监督等;从监督的范围讲,既包括对已经立案的案件的监督,又包括对该立案而未立案的案件实行监督。现就立案监督作如下探讨:
Criminal case filing supervision (hereinafter referred to as “filing supervision”) refers to whether the organs or personnel enjoying the power of legal supervision and other relevant organs and citizens should exercise supervision over the filing of cases by the public security and judiciary according to law. The supervision over the case has broad and narrow meanings. The narrowly defined case supervision refers to the people’s procuratorate enjoying the supervisory power of law exercising supervision over the cases that have been filed. The general case supervision, from the main body of supervision, includes the supervision of the people’s procuratorate, Including the three agencies through the “mutual restraint” on the implementation of the supervision of the case, as well as the supervision of the party, the people’s congress and the people’s supervision; from the scope of supervision, including both the case has been filmed supervision, Supervise the case without filing the case. Now on the case of supervision for the following discussion: