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Under Wide Strict Criminal Activity Policy Field Of Vision Procuratorial Power Movement Ponder

Posted on:2010-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:M LiuFull Text:PDF
GTID:2166360278473136Subject:Law
Abstract/Summary:PDF Full Text Request
This article has mainly written three aspect contents: First, carries on the essential limits to the wide strict criminal activity policy and the procuratorial power correlation theories; Second, in wide strict criminal activity policy field of vision to procuratorial power movement practice and reason analysis; Third, has some problems in view of the present stage procuratorial power movement, the author proposed that the introduction establishment postpones the prosecution and the criminal reconciliation system, exercises the procuratorial power for the Procuratorial agency to implement and realize the wide strict criminal activity policy to propose the rule and the system support.The wide strict criminal activity policy is the basic criminal policy which raises by the Communist Party of China in our country new time under the construction socialism harmonious social background. The wide strict criminal activity policy has the long-term instruction function to our country criminal activity legislation, the criminal justice and criminal law enforcement practice. After wide strict criminal activity policy releasing, our country academic circle and the judicial practical realm carried on massively to it and has studied thoroughly, although has made a series of progresses, has the different understanding to the wide strict criminal activity policy, and has not formed the unified understanding. The author believed that the wide strict criminal activity policy is to strikes hard the criminal policy to inherit and to develop, is the basic criminal policy in our country new time. What is the procuratorial power nature ? The educational world has been arguing, but until now does not have the conclusion. Some scholars advocated that the procuratorial power belongs to the executive power, some position procuratorial power is a jurisdiction, but also some scholars advocated that the procuratorial power nature the two moreover. The author approves that the procuratorial power is the legal supervisory authority viewpoint, thought that the procuratorial power is with the jurisdiction, the executive power is at the identical position the independence legal supervisory authority, this conforms to our country's state power constitution system. This article analysis mentality is under the wide strict criminal activity policy field of vision, from the procuratorial power concrete power's angle is the breakthrough point, carries on the analysis and the ponder to the procuratorial power movement. In carries on after the procuratorial power qualitative, to the procuratorial power basic power from the law and discipline surveillance, the detection surveillance, the trial surveillance and the criminal execution supervises four aspects to divide the introduction.Through to the front argument and the correlation theories system's limits, the author then obtained from the procuratorial power concrete power for the breakthrough point to the procuratorial power movement to carry on the analysis afterward. The new policy has the new request, the wide strict criminal activity policy takes party's new ruling idea in criminal law domain manifestation, exercised the procuratorial power to the Procuratorialagency to propose the new guiding principle and the request-----The procuratorial powermovement must conform to the wide strict criminal activity policy connotation and the value request also namely meets the pursue harmonious requirement. The author system's analysis wide strict criminal activity policy to the Procuratorial agency criminal activity procuratorial power's request, has enumerated the question which in the procuratorial power practice appears and has carried on the analysis regarding this.Finally, the author exercises the procuratorial power in view of the present stage people Procuratorial agency to implement in the wide strict criminal activity policy process to lack the corresponding system support the embarrassing situation, proposed the introduction postpones the prosecution system and the criminal reconciliation system's conception. The author has carried on own some superficial spot ponder to the above two system's introduction, and proposed some concrete system design conception.
Keywords/Search Tags:Wide strict criminal activity policy, Procuratorial power movement, Criminal activity reconciliation
PDF Full Text Request
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