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Brief Analysis Of The Perfection Of The People's Supervisor System

Posted on:2010-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:X M SuFull Text:PDF
GTID:2166360275498251Subject:Law
Abstract/Summary:PDF Full Text Request
The people's supervisor system is prosecuting authority selecting the people's supervisors, who are conforming to the prescribed conditions, in different sectors of society according to the democratic recommendation by organ, social group, enterprise and public institution and primary-level organizations; supervising investigation on corruption crimes externally by fulfilling certain procedures. The purpose of this system is to further improve the external supervision when prosecuting authority starts report of placing a case on file, ensure the proper implementation of investigating power and title to sue. It's a very important reform initiative to consciously accept the oversight, improve the work quality of case handling and make the law enforcement fairer by the prosecuting authority in our country, when they accept cases directly.In recent years, during the reforming of judicial structure, some scholars presented the view of denying the investigation power in the corruption crimes in educational and practical circles from time to time. Their reasons is that the investigation power in the corruption crimes makes the power of the prosecuting authority too powerful, no one can supervise it and no way to supervise it. It's undeniable that there is supervision blank space in the original external oversight mechanism in the investigation of the corruption crimes. And the people's supervisor system fills the blank, completes the restraint mechanism in the external oversight of the prosecutorial power, realizes the systemization and regularization of the external oversight, makes the fairer enforcement of the self-investigation power by the prosecuting authority, and demonstrates the justice and legitimacy of the judicial practice.This article compares the system of the people's supervisor and other systems, research some disputes of this system, and present some suggestion by summarizing the content of the people's supervisor system and analyzing the legal principle. There are four chapters, Chapter 1 is the Summary of the people's supervisor system; Chapter 2 is analyzing the legal principle of the people's supervisor system, revealing it's rationality, importance and legal characteristics; Chapter 3 is the comparison study of the people's supervisor system and other systems, investigate the differences between the people's supervisor system and the oversight of National People's Congress, People's assessor system, and honest and clean politics supervisor system; Chapter 4 is how to improve the perfection of the people's supervisor system, studying in three arguments of the selecting of the people's supervisor, the scope and efficacy of supervision, presenting my own views and some thinks of perfecting the people's supervisor system.
Keywords/Search Tags:the people's supervisor, corruption crimes, investigation supervision
PDF Full Text Request
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