The Scope Of Procuratorial Suggestions

The procuratorial suggestion has become a general supervision of prosecutorial organization in new period, based on the needs of social comprehensive prevention and procuratorial Suggestions became an important means of crime, the highest point in the many reports and documents can be reflected. But almost a period of time since the scope and procuratorial suggest a new changes, overall scope is growing, this kind of phenomenon can be regarded as a kind of development of procuratorial advice, but through the scope of procuratorial Suggestions after analyzing from them, we can still find some messy, seem to suggest a "big procuratorial bag" other procuratorial documents are not suitable for procuratorial Suggestions to matters. This phenomenon is limited to the modern rule of the boundary of the principles, so it is necessary to procuratorial suggested ought to do some scope. Based on the theory of "the applicable scope of procuratorial Suggestions to explore various views through analysis, and combining the practice and legislation of procuratorial Suggestions for the status quo, through comparing with foreign related system research, puts forward the idea of scope of procuratorial advice and Suggestions.This paper, besides introduction, body, and conclusion of a fifth part, thirty thousand words.The first part is the prauratorial suggested theory from three aspects, meticulous analysis. First is the definition of the Suggestions about the procuratorial work, this paper lists the different definitions of advice about the procuratorial work, and through various definition analysis based on the definition of procuratorial Suggestions. Second is the scope of procuratorial Suggestions, also the author also listed in various views, opinions through various evaluation about the author put forward the suggestion scope of procuratorial work. Once again, is the legal attribute Suggestions about the procuratorial analysis, this basically is to solve the author defined in procuratorial advice within the scope of the legal attribute of procuratorial suggested, i.e. belongs to public power or a right.The second part of this process of the historical evolution of procuratorial Suggestions, because the procuratorial suggest the scope of procuratorial documents with the procuratorial organs and the authority has changed, so the evolution process of procuratorial Suggestions on research is important. This section is mainly to the chronological order, the suggestion for procuratorial time into three parts: the founding of procuratorial advice, Legal restoration and reconstruction of procuratorial advice, Rapid development of prosecutorial system suggestion. In the third time in the scope of procuratorial Suggestions have substaintial distinction, therefore can better performance of the scope of procuratorial suggest evolution.The third part is the introduction of procuratorial Suggestions of legislation and applicable scope. This section is divided into three small fraction is introduced, and the relevant laws and regulations of procuratorial suggestion, the small and can be divided into two aspects are introduced, and the first national and local laws and regulations, because no clear by the procuratorial Suggestions as prescribed by law, the regulations; introduce more The second aspect is the internal regulation system of procuratorial work, this basically is of the highest procuratorial Suggestions about the inspection work rules. The second part is an introduction to the present situation of procuratorial suggest scope, here basically divides according to different region, which also exists between the size of the region, but because the meantime includes the differences, the author thinks that still should be discussed its separate. The third is the author of a situation of relevant Suggestions for prosecution.The fourth part is mainly to the foreign system in China, because the comparative study on the orientation and foreign procuratorial organs are significantly different, so the author in the language may be amended. This section is mainly according to law for division, namely continental law system and common law, Russia is special, do not belong to the two casters, therefore, it is necessary to separate a quarter were discussed.The fifth part is systematically sets forth the Suggestions of procuratorial work, be applicable scope for the applicable scope of procuratorial advice when in addition to covering scope, also involves many other aspects of the solution of the problem, this paper first is divided into four parts, the author discusses legal supervision legal thinking, this problem to solve the correct analysis applicable scope of procuratorial suggest plays a key role, Secondly is discussed, and the scope of procuratorial Suggestions here is one of the most important part of the paper, the author put forward is mainly applicable scope of procuratorial suggest some opinions, and comparison. After two parts namely the legal attribute of procuratorial Suggestions and applicable objects, are solved in the scope of procuratorial Suggestions after other specific problems of procuratorial Suggestions.