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On The Prosecutor's Office's Investigation Supervision System

Posted on:2011-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y W WuFull Text:PDF
GTID:2166330338484796Subject:Law
Abstract/Summary:PDF Full Text Request
China's Constitution and the law explicitly provide for the People's Procuratorate is an organ of the country's legal supervision. Investigation supervision of penal litigations is an important function of the People's Procuratorate. In recent years, procuratorial organ focus on the work theme of "strengthening legal supervision and safeguarding justice," and actively fulfills their legal duties of supervision on the punishment of crime, maintaining legal rights of penal litigant and preventing abuse of the detection right, playing an indispensable role. However, we should also see that the prosecution staff have some problems that the relevant legal provisions of existing on the investigation supervision are not perfect, resulting in that the prosecution supervision of the investigation is a narrow range of oversight, no system of security monitoring tools, and the prosecution Itself supervision of investigation and detection of gaps in oversight of the main set of defects. Contraposing these limitations of system of investigation supervision, this paper on the basis of actual work, the first theoretically discusses the basic problems of investigation supervision, introduces the concept, content, purpose and theoretical basis of investigation supervision, and establishs the significance of systems of Procuratorates investigation supervision. The second part of this paper is about investigation and assessment of the mainland of British and American foreign investigation of two legal monitoring systems, through the comparison of Investigation with China's monitoring system, easily absorbing the theory and practice of judicial reference two legal systems in a reasonable supervisory investigation factors. The third part is about the monitoring system of the status of the investigation on the basis of the analysis, investigation and supervision system to identify the concept of the legal institutional problems. For these problems of investigation supervision system in China, the fourth part of this paper on reforming and improving the investigation supervision system put forwards some ideas in order to be more conducive to promoting the work of prosecutors in the investigation supervision, better realize the value of criminal justice, to better promote the establishment of a harmonious society.
Keywords/Search Tags:Investigation supervision, Basic theory, System limitation
PDF Full Text Request
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