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The Research On The System Of The Alteration Of The Public Prosecution

Posted on:2006-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:X H LiuFull Text:PDF
GTID:2166360182467921Subject:Law
Abstract/Summary:PDF Full Text Request
The system of alteration of the public prosecution is very important content of modern system of the public prosecution. Those countries, who acknowledge that the public prosecution institution have the power of alteration of prosecution, have set the system of alteration of the public prosecution. It is a milestone to correct the mistake in the prosecution of the public prosecution institution, to identify entity truth, and to publish criminal effectively and accurately. There are almost perfect systems of alteration of the public prosecution in criminal proceeding in the nations of the world. Comparing these countries, there are so many aspects needing to improve in our country. For example, after procuratorial organs submit public prosecution, the related department could do judgement subjectively so that it will be lack of unity on judicial practice while the independent identification is made a mistake or some suspects or crimes are forgotten.The major subject of this article is to propose a basic construction of system of the alteration of the public prosecution for our country. And it is based on the current situation in justice and prosecution conventionality. Meanwhile, it also introduced some good experience from foreign legislation and practical justice.There are 4 chapters as the below in the article. The first chapter addressed the basic ideas of System of the alteration of the public prosecution. Firstly, it explained the origin of alteration of the public prosecution in history, through penal prosecution extending course, from private prosecution to public prosecution to the essence of power of public prosecution. Meanwhile, it further explained the development of system of the alteration of the public prosecution through the illustration of the major countries belong to the two law systems. Then it explained basic theories including the meaning of system of the alteration of the public prosecution, the power of alteration of the public prosecution, existence of alteration of the public prosecution, and validity manner. The second chapter analyzed the preconditions of theories of criminal proceeding. As we know, theory would be brought out before any system isbuilt. Based on the mentioned point, it proved the theory foundation of alteration of the public prosecution from the development of penalty theory, improvement of prosecution mode and procedure, then more power endowing procurator. In the third chapter, it studied and compared foreign classic legislation case so that the new proposal could be bring out in the forth chapter. It covered all kinds of legislation cases of France, German, USA, Japan and Italy including alteration modes choice, procedural restriction and substantial restriction etc aspects from the positive alteration of the public prosecution and the negative alteration of the public prosecution these two lays. In the final chapter, it designed the innovative construction of system of alteration of the public prosecution. Firstly, it analyzed the related contents of judicial interpretations of our country, then clearly stated that we should improve existing criminal procedural law and codify the system of alteration of the public prosecution in the form of law. Then, it further discussed the value favorite for out country to construct the system of alteration of the public prosecution. Finally, propose the detailed solution to construct system of alteration of the public prosecution for our country.
Keywords/Search Tags:power of the alteration of the public prosecution, the mode of the alteration of the public prosecution, substantial restriction, procedural restriction
PDF Full Text Request
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