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The Research Of China Public Prosecution Right Restriction Mechanism

Posted on:2012-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:C H YangFull Text:PDF
GTID:2166330332492280Subject:Procedural Law
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The power of prosecution is one of the state powers, which stands for the intervention of public power in the proceedings. It is exercised by the institution of prosecution and is both the statutory power and the duty for the institution of prosecution to exercise its power properly. As we known, power must be constrained and public prosecution is no exception. Therefore, it is significant for the public prosecution to regulate its operation, through which a reasonable control mechanism will be constructed and the unity of crime will be got rid of. At last, human rights will be protected.Through the policies of the public prosecution in the countries that has composed the two legal systems, it can be inferred that that all countries have attached great importance to the constraints of public prosecution. The external and internal oversight mechanisms are established to prevent the abuse of the public power. However, constraints in countries with different legal systems are not very similar. Countries with British and American law system always focus on the protection of human rights, which gives little restriction for the prosecution and no limit for the exercise of no appealing. While the countries with civil law system put emphasis on social security and crime control from the very beginning, which gives little constraints for the right to prosecute and more for the exercise of no appealing.Through the comparison between foreign constraints on the public prosecution with the judicial practice in our country, it can be known that there are many unreasonable characteristics for the constraints on the right of prosecution in China. For example:the court on the prosecution to prosecute the constraints is too formal to have the function to constrain; there is no provision of law in China for the change of public prosecution, which makes public prosecution's exercise for its change become so causal and lack of effective control; the constraints for no appealing are mainly internal constraints, the lack of a strong external constraintsThe mechanism for the constraining the public persecution overseas has offered the beneficial experience for our country to improve its own system. Based on national conditions and judicial reality in China, the improvement can be carried out through the following aspects. Firstly, the pretrial procedures for public persecution should be improved and pretrial procedures within the Court should be established. Then, the change of the public persecution should be regulated to protect the procedural rights of the accused.
Keywords/Search Tags:prosecution, public prosecution right, constraint
PDF Full Text Request
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