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Reform And Perfection About China Public Prosecution System

Posted on:2005-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y HeFull Text:PDF
GTID:2166360155967668Subject:Law
Abstract/Summary:PDF Full Text Request
Public prosecution, an important tache in the criminal procedure, embodies the level and figure of the procuratorate organ in the process of executing the law. At present, though the criminal procedure law stipulates the contradictory litigation, it is very difficult to completely implement the contradictory litigation because of imperfect system design. And the present public prosecution system meets a series of problems when accusing crime, especially the problems such as how to design the relation between the police and procuratorate, how to guarantee the normal exertion of the procuratorial power, how to realize the egality confrontation between the prosecution and defendant and if the judge can change the accused imputation. It is necessary to reform and perfect the present public prosecution system so as to effectively accusing crime and realizing the egality confrontation between the prosecution and defendant. The author thinks the key of public prosecution reform firstly need to specify the value tropism of public prosecution reform. Getting across transforming belief, paying attention to the self-existent value of public prosecution procedure, striving toward the maximal avail of public prosecution, Process Justice can be realized. Secondly, the keystone of public prosecution is to perfect the present public prosecution system. From the practice of our nation, through concrete system reform such as compactness cooperation between the police and procuratorate, establishing evidence exhibition system, simplifying public prosecution procedure, fulfillingprocurator's case responsibility system, moderately adjusting the Procuratorial Committee's function and restricting changing imputation by the People's Court, we should devoir and accord the basic principles of international criminal judicatory to perfect our nation's criminal system.
Keywords/Search Tags:public prosecution procedure, existent problem, reform necessity, value tropism, perfecting notion
PDF Full Text Request
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