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Research On The Procuratorial SuPervision For Prisons

Posted on:2012-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:T LiangFull Text:PDF
GTID:2166330341950598Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The Procuratorial SuPervision For Prisons is the basic functions of people's procuratorate, detention center and other prison departments to supervise the legality of law enforcement activities, the legal supervisory duties to perform effectively, so that the legitimate interests of the detained person has been effectively maintained.Responsibilities of the prison, complex prosecution and prison closure information, many people what prison oversight over what the prosecution is not clear. What is the purpose of the prosecution prison, in practice, what are the problems, how to ensure the effectiveness of inspection and supervision work. Answers to these questions require a systematic and in-depth investigation and thoughts.Attorney prison mainly around the issue of inspection and supervision in prisons what, why and supervision, and monitoring process, what are the problems and how to reform and improve the main line to start.The first part, the first supervisor of the prosecution summed up the concept, history, terms of reference to monitor the prosecution clearly what come from, as a logical basis for writing the article. Second, the prosecutorial power of the set purpose of prison, why are clear oversight. Prosecutorial power to set prison, aimed at through the power of checks and balances between the activities to protect the smooth criminal proceedings, the penalty, detention, and the final realization of the purpose of protecting the human rights of the detained person. As the legal supervision of the prosecution authority has been much criticized, and prison terms of prosecutorial power of legal supervision is an important part, therefore, in the first part of the last, to exercise supervision of the prosecution of the legitimacy of the supervisory functions that Inspection and supervision powers can only be improved through reform advocates can not lightly be repealed.The second part, first of all from the prison on a macroscopic level morphology, respectively, the operation of prosecution, will be divided into two daily inspections and special inspections. Attorney is a normal routine, systematic supervision, special prosecutors is a very normalized, motion-style oversight. Attorney of daily and special way of prosecution, prosecution procedures to analyze the characteristics and advantages and disadvantages clearly the main way in prisons are accredited Attorney Attorney, this monitoring method has the advantage, the prosecution can be accredited organizations comprehensive, timely, accurate information Supervision of the department of law enforcement information and urge the enforcement authorities strictly enforce any regulatory system, means of implementation shall be altered to protect the basic rights of inmates. However, this mode of supervision in practice there are some problems. The question boils down to two aspects: First, prison supervisors easily assimilated by the department; second, low-level presence of prosecutors, it is difficult to play a supervisory role.Special inspection campaigns, the cause of movement from the point of view special inspection, special inspection of the prison movement is generally relatively large incident occurred, and media exposure caused by the relatively large response, by the central government to carry out the deployment. Special inspection results of the campaign from the point of view, special inspection can certainly soon receive better treatment effect, but the high costs of monitoring determine that this mode of supervision can not be sustained. By subjective and objective conditions, special inspection campaign by long-term supervision mechanism is difficult to establish, therefore, only a prosecutorial system through the improvement of prison inspection and supervision work to ensure the long term.The third part, on the prison problem in the prosecution of the text. Attorney in the prison problem is: real power and the weak strong supervisory oversight powers of the object contradiction between; oversight of the way after the event; the supervisors and the supervisors who monitor diversity issues; access to monitoring information is difficult; Technology Equipment not in place; monitor the status of the embarrassment of prosecution.The last part, to monitor the Procuratorate System views put forward concrete reform. Improve the monitoring of the prosecutorial system is to solve the prosecution to have the ability to monitor, supervise qualified and how to monitor these due diligence issues. To this end, the reform of the views put forward include: improved monitoring of the prosecution's laws and regulations, improve the presence of prosecutorial level, to strengthen monitoring and supervision of the police officers and prosecutors the authority to supervise further supervision, given the complete supervision of the prosecution and the implementation of prosecutorial power Funding for national unity protection agency's financial system.
Keywords/Search Tags:Prisons procuratorial, responsibilities, Stationed procuratoria, Special inspection, System consummation
PDF Full Text Request
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