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On The Study Of The Legal Supervisory Authority

Posted on:2009-04-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:W S RenFull Text:PDF
GTID:1116360272975345Subject:Environment and Natural Resources Protection Act
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The legal supervisory authority is the unique authority to socialist country's procuratorial agency, and our constitution has stipulated explicitly that the procuratorial agency is the national legal supervision institution, enjoys the legal supervisory authority. But the procuratorial agency's existing power actually differs with this, causing theoretical research and practical development to be in chaos. In our country, many schools attempt to cite the Western procuratorial theory to explain and to design procuratorial agency's legal supervisory authority under the judicial reform. The research has fall into the difficult position, because of the different social system between the West capitalist country and our socialist countries. Any system is the historical product; the best way to understand legal supervisory authority is to track down on its historical path. The author uses historical and comparative research route to conduct the legal supervisory authority's development in Soviet and our country, and then search its prospect in our country.The first chapter is about"the historical background about the legal supervisory authority". In this chapter the specific historical perspective of the Soviet legal supervisory authority is elaborated, from that we can see the importance of foundation legal supervisory authority at that time. As the dispersal supervisory pattern is not in use, the Soviet rationally choose to set up the procuratorial agency and entrusts it with legal supervisory authority.The second chapter is about"the formation and development about the legal supervisory authority". In this chapter the Soviet legal supervisory authority's development is elaborated comprehensively. We know that the Soviet legal supervisory authority containing general supervisory authority and judicial supervisory authority, but the general supervisory authority is the core. The original intention to establish the legal supervisory authority is to maintain and implement the socialist legal system unified and correctly.The third chapter is about"the introduction of the legal supervisory authority to our country". In this chapter, the reason why the legal supervisory authority is introduced to our country is to be analyzed, and its legislative stipulation as well as concrete practice is also to be elaborated, then the author compares the Soviet legal supervisory authority with our legal supervisory authority. We can see that our country has adopted the Soviet legal supervisory authority"comprehensively". But our national condition is very different from the Soviet's; our legal supervisory authority's primary mission is to cracks down criminal offense and to protect the new national security. And the first deviation between the legal supervisory authority's concrete practices with the constitution localization was appeared.The fourth chapter is about"the development of the legal supervisory authority in our country'". The author elaborates the legal supervisory authority's development background, and its development in legislation judicature in detail. This time is"gold time"to the legal supervisory authority. The general supervisory authority and the judicial supervisory authority are not only to be stipulated but also to be practiced. But the general supervisory authority's movement was in difficult under that historical condition. The judicial supervisory authority did not involved to civil and administrative domain. Therefore, this time the legal supervisory authority still takes cracking down on the criminal offense as the primary mission. And the second deviation between the legal supervisory authority's concrete practices with the constitution localization was appeared.The fifth chapter is about"the twists and turns of the legal supervisory authority in our country". The author elaborates the reason and the performance of the legal supervisory authority's twists and turns. If we carefully examines the history which contempt and destructs the law, we may know that the wrong thinking instruction and the specific historical background creating the twists and turns of the legal supervisory authority. The legal supervisory authority is by no means dispensable. The law will not to be the law if it has not protected by the legal supervisory authority. Before the legal supervisory authority was to be canceled, the general supervisory authority was to be deflated and also the judicial supervisory authority. And the third deviation between the legal supervisory authority's concrete practices with the constitution localization was appeared.The sixth chapter is about"the restoration of the legal supervisory authority in our country". After elaborating the legal supervisory authority's restoration background, the author analyzes its existing system and the challenge in our country. We may know that the legal supervisory authority, which stipulated in Law is after"the Great Cultural Revolution". Under that specific historic condition, the mission is to establish the right, which was urgently needed, but not the legal supervisory authority. Therefore, the restoration of the legal supervisory authority is limited in the criminal prosecution domain, and that the procuratorial agency is to be called"the criminal procuratorate". Along with the society's development, the legal supervisory authority's scope is still very limited, although it has already entered the civil and the administrative domain. Generally speaking, the existing legal supervisory authority still take cracked down on the criminal offense as the primary mission. And the fourth deviation between the legal supervisory authority's concrete practices with the constitution localization was appeared.The seventh chapter is about"the return of the legal supervisory authority in our country". The author pointes out the legal supervisory authority's return condition, and proposes the concrete proposal in our country future development. The legislation, the law enforcement, the judicature, the obeying the law and so on, contain our country's socialist legal system. Procuratorial agency's legal supervisory authority must carry on to socialist legal system's each link, in order to change the aspect that the procuratorial agency can only carry supervision on some socialist legal system. At last, the author wants the legal supervisory authority to be returned to the original intention path.
Keywords/Search Tags:Procuratorial agency, Legal supervision, Legal supervisory authority
PDF Full Text Request
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