Research On Criminal Protest Of Procuratorial Organization

The power of trial supervision is an important part of legal supervision power ofProsecutorial Office in our country. During judicial practice, the trail supervision ofProsecutorial Office is primarily focused on the power of protest against criminal trial.Since the foundation of our republic, especially after 1997 when Criminal ProcedureLaw was revised, all levels of the People's Prosecutorial Office exercised the power ofprotest against criminal trail. But, with more and more cases, the power of protestagainst criminal trail deserves more and more considerations. In this thesis, the author will discuss the power of criminal protest ofProsecutorial Office from four perspectives. The first part discusses the basic contentsof protest against criminal trail, including object, type and comprehensive descriptionof protest against criminal trail. In the second part, the author will analyze andsummarize all sorts of questions lying in criminal protest work of Prosecutorial Office.The constitutional law of our country endow the power of criminal protest withProsecutorial Office clearly. Because of some limits in our law, some confusions ariseduring judicial practice which will lead to abuse of this power. In addition, somequestions lie in practical work. In this part, the author will analyze and explainproblems based on my personal experiences to find out solutions to these problems. In the third part, this thesis will discuss some disputes existing boththeoretically and practically about the power of protest against criminal trial and somesuggestions about the structure of this power. Some scholars hold that someimprovements should be made about this power and some hold that this power shouldbe detached from the Prosecutorial Office, some even hold that it is unnecessary forthis unnecessary for this power and it should be abolished. Combined with theseopinions, the author presents some personal suggestions. In the fourth part, the authorsystematically describes the function of Prosecutorial Office to protest againstcriminal trial and it's orientation, based on this, the author presents some suggestionsof how to exercise this power and how to regularize this practice.