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Research On Reform Of Procuratorial And Supervision From The Perspective Of The Marxism Classical Writer's Democratic Supervision View

Posted on:2017-11-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:J F GaoFull Text:PDF
GTID:1366330596954832Subject:Principle of Marxism
Abstract/Summary:PDF Full Text Request
It has always been the top priority of the Party and country to achieve fairness and justice by enforcing supervision of power by which rights supervise to constrain power so that it won't be distorted.Learned from the construction of the Paris Commune,Marx and Engels,starting from people's rights logically,have come up with the theory of democratic supervision and believed that it could prevent distortion and corruption of power.The essence of Marxism is popular sovereignty,which is to enable the people to make decision by combining democracy with supervision and making the democratic supervision essential in the construction of the Party.Inherited from Marxism,Lenin's experience of revolution and construction put the Marxism into real life in his application and innovation of Marxism theory to the revolution and construction in the Soviet,which is a practical fruit of theories of states,popular sovereignty and democratic supervision.As a result,Lenin develops relevant theories with his theories of right supervision.This is the first leap of the theory.Lenin then devised a theory of legal supervision and constructed a department,which is the procuratorate system to realize supervision to power by assuring the legal supervision a daily routine.This legalization by Lenin is a great contribution which could be considered as the second leap of the Marxism.This is both historically and practically indicative for socialist states to achieve the supervision of power under the rule of one party.Learned from the foreign procuratorate regime,especially from the Soviet,China inherited and absorbed from its own political and legal construction historically to build the Chinese procuratorate regime.To differentiate it with the procuratorate regime in Qing Dynasty and KMT,this is entitled as People's Procuratorate Regime,which could be regarded as the third leap.Under this legal supervision,the Regime supervise on civil servants and their administration to guarantee national checks and balances,which is characteristic compared with that in the capitalistic system.Due to this regime,the procuratorate regime on one hand supervise and on the other hand be supervised,thus,Marxism,Leninism and Chinese socialistic construction and combined to realize its theoretical rationality and practical vigor.Of course,with the establishment of the socialist market economy and the practice of reform and opening up,Chinese procuratorate regime also needs to be update and perfect.Mainly,it needs to further perfect its scope of supervision,its means and its effectiveness,all affect the authority and efficiency of the regime.Also,some illegal behavior could not be timely corrected.Therefore,we should insist on the Party's unified leadership to adhere to the legal supervision of procuratorate regime with Marxism-leninism principle of legal supervision.On the base of its socialistic essence,we should draw lessons from the world of their mature experience and practice.As to existing practical problems unfavorable to the full play of legal supervision,key issues like lack of supervising strength,effectiveness and deal with inside corruption need to be dealt with to improve ability in handling administrative criminal cases,increase power supervision and restraint and intensify punishment of corruption,thus promoting legalization of anti-corruption.To realize it,the reform on procuratorate regime and its working mechanism should be carried out to protect human rights and safeguard judicial justice more effectively,as a result,fairness and justice in the whole society could be thus guaranteed to build a well-off society in an all-round way as a harmonious and stable social environment,a powerful judicial protection with Chinese characteristics be provided,completing the democratic supervision theory by Marxism and Leninism.From the democratic supervision theory by Marxism-leninism to the legal supervision by Lenin,Chinese procuratorate regime could be regarded as the third leap in democratic supervision.
Keywords/Search Tags:Power Constaint, Democratic Supervison, Law Supervison, Procurator, Reform
PDF Full Text Request
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