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On The Prosecution Supervision And The Integrity Of The System Of Prosecution Supervision In Chinese Criminal Procedure

Posted on:2008-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2166360215452414Subject:Law
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China's Constitution clearly stipulates that the people's procuratorate is the country's law supervisory institution, implementing proxy independently. Prosecution organs'supervision for the Court Criminal Trial events is one of the basic principles of China's Criminal Procedure Law. But in theoretical circle, theorists question the significance of the supervision power of the prosecution organs, which is due to the lack of necessary research on the theory of the system of prosecution supervision. In practice, the prosecution organs existed indictment, light supervision, it is extremely detrimental to the rule of law in our country. Of course, there are many defects in the process of implementing the supervision power, such as lack of means, air areas, and other issues. The purpose of this study was to explore the historical and practical conditions, criminal supervision of the prosecution organs of the value and practical significance. The main demonstration of this paper is: in the areas of judicial reform, how to improve the system of supervision of the criminal prosecution.This paper consists of four parts.The first part is a summary of the prosecution supervision, including three aspects, namely, the explanation of power of prosecution supervision, the formation and development of China's prosecution supervision system, the empowerment model of other countries prosecution supervision. I believe that refers to the use of state power of legal supervision, in accordance with legal procedures, inspection, and supervise the implementation of laws in the process of correcting the serious violations of the law to safeguard the unity of the state legal system and the correct implementation of a tertiary Gate work. Chinese prosecution system and the historical origins are various. In ancient China, the censorial system, the system of prosecution supervision of the two legal families and the prosecution system of the former Soviet Union are all important cultural, systematical and ideological roots of the formation and development of the system of Chinese prosecution supervision. Lenin's socialist theory and legal supervisory powers theory provided a theoretical basis for the formation and development of China's prosecution supervision system. Since new China issued the Constitution, stipulating prosecution organs are the supervision organs; prosecution organs have the power of prosecution supervision. Western country's prosecution system has a profound impact on China's prosecution system. Many basic aspects of China's prosecution system prosecution system are in connections with Western countries. New China's prosecution system is accompanied by October 1, 1949 to establish the birth of the People's Republic of China. China's prosecution system experienced a tortuous process of development. Its history can be roughly divided into four stages, namely, the creation, development and setbacks, interruption, the four basic stages of reconstruction and development. Then the beneficial practices of foreign countries, aimed at building a re-inspection and supervision over the rights theory, making more effective inspection and supervision over the implementation.The second part is the character and content of the prosecution supervision. The first statement is the prosecution supervision features. The procedural characteristic of the prosecution supervision creates the limited nature of empowerment and its power system in a non-final action, the decision of the supervisory authority and the separation of powers. Judicial supervision is an important part of the right to legal supervision of prosecution organs. Prosecution organs of criminal justice supervision of making a procedural decision to initiate judicial proceedings functional solution to the problem, and it does not have powers entity. Compared with the right procedures on the right entity somewhat fragile, prosecution and supervisory powers over national rights can not be expanded. Legal supervision is a concrete realization of the powers and functions of the proceedings, not a detached bystander in a posture according to the supervision of outside powers. The reason given extensive legal proceedings to prosecution organs, prosecution organs because of the oversight role of the decision, prosecution organs to be bound by the proceedings, must strictly follow the legal proceedings, conducted in strict accordance with the proceedings, stressing civilized manner in accordance to law. Prosecution organs participate in the proceedings in accordance with laws and regulations. Supervision is essentially a means to enable the orderly conduct of the proceedings. Independence of the legal supervision is the necessary and absolute term to achieve the basic functions of legal supervision. Second, the content of the prosecution supervision: accreditation supervision, investigation supervision, trial supervision and official crimes supervision.The third part is the status and deficiencies of our criminal prosecutorial supervision power. First, the status and deficiencies of accreditation supervision, including lack of major criminal cases, pointing out the following shortcomings: weak supervision, supervision of vague criminal cases, the subjects in criminal cases, criminal cases, poor oversight of the residence channels. Second, the status and deficiencies of investigation supervision, prosecution organs guidance, supervision and investigative powers are not clear, leading to early intervention without procedural safeguards; lagged behind the investigation and supervision, passive; the conflict has resulted in a lack of supervision of the Legislative authority. Third, the status and deficiencies of trial supervision, mainly in the following aspects: After the criminal trial of weaker the effectiveness of supervision and; Supervising and monitoring the functioning of the criminal justice means of a single relative to each other contradictions. Performing independent judicial oversight functions and displays the location of the exercise jurisdiction. Judicial decisions and supervision of the inevitable contradictions. Finally, the status and deficiencies of official crimes supervision. There supervision means the following problems : inappropriate; From the scope of supervision, some means of investigation and enforcement measures, such as detention, search, seize, freeze, inquiries, transfers, failed to properly supervise the investigation into the scope of Many departments to determine their own content and the implementation of the investigation, there was no separation of policy makers and implementers, This means it will be difficult to ensure that these measures will not be abused and undermine the legitimate rights and interests of criminal suspects; from the supervision, more supervision and for the prevention rather than beforehand.The fourth part of this paper mainly demonstrates my view on how to integrity the prosecutorial power of prosecution supervision in criminal procedure. The author mainly talks about the ways in which can integrity the power according to the defects talked beforehand. Based on the study on the theory and practice of the power of prosecution supervision and the successful experience from the domestic and foreign research results, the author intents to explore the methods of the re-allocation of the power of prosecution supervision in China, namely, integrity the methods of prosecution supervision, enlarge the power of supervision and build a perfect prosecution supervision model, guarantee the effectively exercise of supervisory powers.
Keywords/Search Tags:Prosecution
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