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On The Relationship Between The Power Of Public Prosecution And The Power Of Criminal Jurisdiction

Posted on:2012-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:H YangFull Text:PDF
GTID:2166330335470101Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In recent years, the relationship between the procurator organ and the public security organ in the law circle of our country attains much more attention。More scholars write books to represent the power distribution of the procurator organ and the public security organ, and the mutual connection and the checks and balances of the two powers。However, as for the relationship between the procurator organ and the people' court, there is sill plenty of space to further the study, especially for the orientation of the relationship between the power of public prosecution and the power of criminal jurisdiction。Because the power of public prosecution is not only an important constituent part of the procurator power, but also the precondition for realizing the national prosecution and jurisdiction to the criminal suspects, therefore, how to balance the relationship between the power of public prosecution and the power of criminal jurisdiction will do good to promoting to perfect the criminal prosecution of our country。This paper will find the relationship between the power of public prosecution and the power of criminal jurisdiction with regard to the nature of the power of public prosecution itself and the essence of the power of criminal jurisdiction。At the same time, the judicial practices used as the view, the paper will represent the relationship between the procurator organ and the people'court and analyze the review procedures before the court in our country, emphasizing the principles of the separation of the prosecution and judgment, the union of the prosecution and judgment, and the checks and balances。Through the help of the existing contradictions in the course of the public prosecution and the criminal trial, it will look for the way to optimize the relationship of the two rights and will connect the power of the public prosecution and the power of the criminal jurisdiction effectively, which will avoid the improper prosecutions and realize and preserve the dignity of laws and the protect the legal rights of criminal suspects。...
Keywords/Search Tags:power of public prosecution, power of criminal jurisdiction, separation of prosecution and judgment, union of prosecution and judgment, mutual restriction
PDF Full Text Request
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