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The Study Of The Procuratorial Organ Of Leading System In China

Posted on:2008-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z K YangFull Text:PDF
GTID:2166360242473680Subject:Law
Abstract/Summary:PDF Full Text Request
Recently, the problem of the leadership structures in the Procuratorate has aroused heated discussions in the structural reform of judicature as well as it is one that puzzles the Procuratorates both theoretically and practically. In comparison with the traditional judicial system and the police system, the political and legal functions of the procuratorial system embody more artificial designs rather than the necessities of the separation of powers. Because of the tremendous differences in the constitutional and political systems between the Eastern and the Western, a big divergence does exist theoretically referring to the procuratorial natures, contents and principal political and legal functions.This thesis has been divided into three main parts: Introduction, Text and Conclusion, among which the part of Text contains four chapters.This thesis is organized in this way: firstly, it studies the theory of the basic attribute of the procuratorial power by studying the origins, natures and the contents of its rights as well as contrasting and comparing different kinds of theories. This thesis adopts the . viewpoint that the basic attribute of the procuratorial power is the power of legal supervision and also points out that it is the different separation of powers that leads to different constitutional systems between the Easter and Western and to set up vertical leadership structures is the essential requirement of the powers of legal supervision.In chapter II, the thesis studies the impact of the political, social and cultural factors to the leadership structures in the procuratorial organs.In Chapter III, the thesis reviews the impact of the ancient procuratorial organs, which stands for the origins and history of our procuratorial organs, to current procuratorial organs and the system of the leadership in the Procuratorate. It points out that our China traditionally preferred to build independent and vertical supervision organs.Simultaneously, the thesis in this chapter analyzes the essential contents, historical origins and disadvantages of the system of leadership in the Procuratorate. It pinpoints that the relationship between the Procuratorate and the People's Congress is one to supervise rather than to lead, but in the vertical leadership practice stipulated by the law, the Procuratorate is under the leadership of the local departments hence the national legal supervision organs become the local legal supervision organs so the Procuratorate lose the supervision functions that they should have.Lastly, in the Chapter IV, the thesis suggests to set up uniform procuratorial organs, which are independent of the local organs, from the outside; to improve the procurator's independent and case-handling system from the inner side; to scientifically dispose the relationships among the police department, the procuratorial department and the judicial department. In this way, the conception of the leadership structure in the Procuratorate can be better improved.In the conclusion, the thesis partially reminds us that the reform of the leadership structure in the Procuratorate involves the battles of the control powers to the local procuratorate between the central and the local, the contest between the rule by law and the rule by man, the comparison between the future benefits to protect the people's rights and the current pain of reform. It is inevitable that the reform will face lots of difficulties and cannot be done at one go.
Keywords/Search Tags:Procuratorial Organ, Leadership Structure, Procuratorial power, Legal Supervision
PDF Full Text Request
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