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Attorney To Guide The Investigation Of The System,

Posted on:2011-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2206330335497388Subject:Law
Abstract/Summary:PDF Full Text Request
It is a critical point for judicial organs during pursuit and integration to improve criminal cases investigation and evidence collection,ensure the quality of cases handling, balance,coordinate but however keep appropriate distance between public security organs who exercise power of investigation and procuratorial organs who exercise power of legal supervision.As a certain consequence, there is exsiting very intense discussion on the procuratorial guiding investigation and evidence collection,mode of procuratorate and invetisgation organs. The author from the point of view as a law executor is trying to analyse the background of establishment of procuratorial guiding investigation and evidence collection system, the legal principles it lies in as well as the problems and obstacles it is faced up with, and propose amalgamation of arrest and prosecution to promote the feasibility and reality of procuratorial guiding investigation.It is proper to exercise the procuratorial guiding investigation and evidence collection system within our country through the practical cases analysis, but theoretical deepening and practical probing is a must to popularize such a system, which needs to spare no efferts.This paper consists of four chapters with details as below:Chapter One sketches out the procuratorial guiding investigation system, its legal basis and importance.The summarization of concept and features of such a system reflects the significance of the system realizing the criminal concrete and procedural justice and fairness.Chapter Two focus the comparison of foreign procuratorial guiding investigation system including the current status quo and future development tendency of continental law system, such as France,Germany and Japan and common law system,such as Britain and America.Learining and using other countries'for reference will be helping to establish ours.Chapter Three elaborates theoretical basis of procuratorial guiding investigation.it is pointed out that such a system is a ideal one to handle the relation between procuratorate and investisgation organs through the rationality,inevitability and feasibility for such a system.Chapter Four is trying to explore the establishment of our procuratorial guiding Investigation system.From the perspective of doctrine, scope, method, procedure etc, the idea is proposed to establish the system and related procedural safeguard to accord with our current conditions.
Keywords/Search Tags:procuratorial guiding investigation, amalgamation of arrest and prosecution, evidence collection guiding
PDF Full Text Request
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