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Jurisprudence Analysis Of Prosecutorial Power Of China

Posted on:2009-03-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:J F LianFull Text:PDF
GTID:1116360272983846Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Reforming and perfecting the prosecutorial power system is vital to the prosecutorial system of our country.Establishing the prosecutorial power system matching with the socialism nomocracy is firstly dependent on our proper understanding and reasonable analysis on the prosecutorial power because it is the source element and critical element of the prosecutorial power system.Based on this idea,apart from the introductions and the conclusions,this paper falls into 6 chapters set out below:Chapter 1 discusses the property and the reasonable orientation. Different countries vest the prosecutorial power in the different state powers:executive power,quasi-judicial power,and legal supervision power. It is of opinion in this paper that the prosecutorial power,in essence,neither executive power nor judicial power,is the legal supervision power, belonging to a kind of independent state power in our country.Chapter 2 demonstrates that prosecutorial power is oriented as the international development trend of legal supervision power tallying with the prosecutorial power.It is general practice in civil law countries that prosecutorial organs enjoy extensive legal super supervision power;present Russian prosecutorial organs still function as the national legal supervision organs,the development of overseas prosecutorial power shows the trend of identity and intensification;and three-power division,in essence,doesn't reject the legal supervision power. Chapter 3 analyzes the legal supervision power existing as an independent power based on the following theories:power division and balance theory,the unique features of laws and the requirements of judicial justice,state intervention judicial theory and the requirements of social benefit,the requirements of legal procedure,benefit & value theory,the theory of social order and state legal order control ways,and the legal supervision thought of Lenin.Chapter 4 analyzes the legal supervision power existing as an independent power based on the following realities:the tradition of ruling by men,the social background of "unity" between civil society and political country,the current status of imbalance and underdevelopment of the specific political structure,economy and culture,current status of ruling by law,and realizing orderly construction of a country ruled by law and building a harmonious society.Chapter 5 demonstrates the historic rationality of the prosecutorial power system of our country,centering on the legal supervision power. Chinese prosecutorial power system has the intercommunity and affinity with the continental law system,transplanted and developed based on the prosecutorial power system of the former Soviet Union,is the inheritance and disposal of our Chinese ancient feudal supervision system.Chinese prosecutorial power system of the current ear is gradually evolving throughout the history.Chapter 6 demonstrates the superiority of our Chinese prosecutorial power system centering on the legal supervision power.Chinese prosecutorial organs play a unique and irreplaceable historic role, especially after the restoring and re-establishment;special legal supervision organs have great advantages;scientific orientation of legal supervision power is good for the integrity and full realization of prosecutorial power; the current specific content of prosecutorial power is the centralized external embodiment of the internal essence of legal supervision power.
Keywords/Search Tags:Prosecutorial power, legal supervision power, positioning, checks and balances
PDF Full Text Request
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