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On The Legal Supervision Function Of Procuratorial Organ In Death Penalty Cases

Posted on:2016-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2206330464465353Subject:Law
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At present, China is in a period of social transition, social original further intensification of contradictions, new contradiction and endless, sudden violent crime increased, leading to an endless stream of murder. In the face of heavy detection task and the pressure to solve the case, the judicial staff especially the investigation organ in the process of handling cases because of master policy and legal lag and anxious, resulting in case detected flaws. As a result, cases result in the loss to the true, lost in the real, resulting in miscarriages of justice. Especially in the case of death penalty, the results of the judgment related to human life. Therefore bear the organs for legal supervision, the procuratorial organ as a review of death penalty cases for the task of lawful and fair, is duty bound; in all aspects of the actual operation of the process of legal, the procuratorial organs to perform their functions of supervision, so as to ensure the correct implementation of the law. This is to improve the socialist rule of law, comprehensively promote the rule of law has an important significance.First, we should understand that the nature of the procuratorial power is not the administrative power, the judicial power, but the legal supervision.. Whether it is from the point of view of the history of legal system in the world, and in the modern world, or China from today’s advance in the practice of the rule of law and judicial practice see, or from procuratorial authority to exercise oversight functions see, procuratorial powers are in order to improve the legal supervision and supervision is the important content of procuratorial power, historical tradition and the mode of constitutional government supervision is an important content, is clearly illustrates the procuratorial power of essence is the legal supervision, procuratorial power is the power of supervision.At present, there are two major abuses in the supervision of the death penalty cases in the procuratorial organs of our country. One is that the abnormal power of the public prosecution function becomes the obstacle of the supervision function.. Because of the "Criminal Procedure Law" Article 3 of the first paragraph of the provisions, the procuratorial organs have certain administrative power, so that the criminal cases review prosecution work accounted for most of the energy of their daily work, weaken the function of legal supervision. In addition, inspection organs in handling criminal cases more reflected is procuratorate only supervision mechanism, lack of external supervision to restrict, the procuratorial organs in the implementation of their internal legal supervision, probably just going through the motions, the miscarriages of justice provides the soil; second, supervision mechanism set is not perfect, resulting in the Constitution granted the legal supervision function can not be fully realized. The legal supervision function that our procuratorial organs can take now is mainly concentrated in the field of judicial adjudication, and the distance of the comprehensive legal supervision function that the Constitution grants is not small.Due to the death of the content is to deprive criminals of life, and life is the most precious, deprivation and can not be restored, the death penalty has become the most severe penalty in the punishment system; in addition, in death penalty cases handled due to the influence of some man-made factors, such as: handling personnel urgently Gong Jinli, one-sided pursuit of quick error of thinking and understanding, resulting in flaws existing in the process of handling cases, to the proper case trial verdict buried hidden dangers; at the same time current economic development, the concept of human rights further strikes root in the hearts of the people and country to perfect laws and regulations of the attention, put forward higher standard of death penalty cases. This requires the prosecution to combine the current judicial practice, in accordance with the provisions of the relevant, the death penalty cases supervision, and strive to do worthwhile not vertical.Recognize the essence of procuratorial power, see the disadvantages of procuratorial organs in the supervision of death penalty cases, understand the harm caused by wrong death penalty case trial, is an understanding of the procuratorial organs to exercise supervisory authority should be better. From the beginning of the investigation stage, after examination prosecution stage and finally to the trial stage, the oversight activities throughout the proceedings of the case, in the investigation stage of criminal suspects compulsory measures legal supervision, in the review of the prosecution stage of oral evidence, material evidence legal supervision, oversight of death trial, a trial conviction and sentencing of death penalty cases, the death penalty review procedure at the trial stage, supervise the interlocking, only every aspects of supervision are put in place, in order to further ensure judicial justice.
Keywords/Search Tags:procuratorial organs, death cases, legal supervision, justice and justice
PDF Full Text Request
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