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On The Restriction And The Improvement Of The Public Prosecution Power In Our Country

Posted on:2012-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:L Y LuoFull Text:PDF
GTID:2166330338990657Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The restriction of the power of prosecution refers to the activities,including restricting,supervising and balancing over the abnormal way of carrying out the power and the general term of the systems that come into being through these activities.Relativity and judiciary are two characteristic of it.The value of restriction of the power of prosecution lies in making substantive justice,procedural fairness and beneficial results these three items.The basic theory of the restriction of the power of prosecution lies in the theory of power refrainment ,the theory of the guarantee of human rights and the theory of the due process.The factual reasons of the restriction of the power of prosecution are given to the more cases can be called criminal cases,the more prosecutors' discretion and the large harmfulness of the abuse of the power of public prosecution.As to our country,there do exist some restriction of the power of prosecution,but there still exist some defects and imperfect place.The reasons of these defects and imperfect place lies in lacking of theory of systematic system,this is the first reason,the second reason is ignorance on the protection of the rights of criminal suspects,the third one falls in lacking the judicial review.After comparative overview over the restriction of the power of prosecution of the foreign countries,both the Continental law system and the Anglo-American law system ,the restriction carried out on the power of prosecution, including the restriction of prosecution ,the restriction of nonprosecution and the restriction of the alteration of public prosecution,but due to their different tradition,different systems and different values,the restriction of the power of prosecution have special features.To learn the scientific and reasonable aspects of the restriction of the power of prosecution from foreign countries ,combining with the reality of our country,we should follow the principle of division of powers ,and checks and balances,the principle of keeping the independence of the implementation,the principle of due process of law and the principle of moderation and balance in order to improve the system of the public prosecution power in China,including the establishment of pre-trial procedures;building up hearing system of nonprosecution ;strengthening the restriction ability of nonprosecution of people who are not prosecuted,cancelling the system of transformation from public prosecution to private prosecution;improving the restriction of the alteration of public prosecution and improving the supporting measures of the restriction of the power of prosecution.
Keywords/Search Tags:Restriction of the Power of Prosecution, Prosecution, Non-prosecution, Alteration of public prosecution, Pre-trial Procedures, State Liability, Correction System
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