Font Size: a A A

On The Improvement Of China's Procuratorial Power Structure

Posted on:2005-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:H B ZhouFull Text:PDF
GTID:2206360152466347Subject:Law
Abstract/Summary:PDF Full Text Request
The procuratorial power is used as a national power that litigation point of dispute proceed participant, all countries is in the social function, operation the procedure present many intercommunities with organize in principle. The procuratorial system creation of the modern age meaning is after propertied class revolution victory, is for guaranteeing human rights, prevent to abuse the national power, at the same time for pursuing for the crime but establish of. Along with replace socially with the variety that transform, people concept of value with the demand of the social public benefits, all countries the system of procuratorial work too at take place the construction that replace, the power of procuratorial work also therefore takes place the variety.Outside the area procuratorial power creation in middle period England, France, is all to base on to enhance king's power with pursue for the crime the demand of.Turn into to public prosecutor from first king's" agent with lawyer". Propertied class revolution victory empress, absorption procuratorial power system, and give perfect with develop. Because England, France history tradition, culture concept of value is different, became British and American methods department and mainland method department, the power of procuratorial work is too different at national contents in department in two greatest methods. The two greatest methods department procuratorial power is more extensive to international community procuratorial power influence. Along with the social development, two greatest methods department procuratorial power contents, present to draw lessons from mutually, trend developped mutually, many nations passes the lawmaking, further enhancing the power of procuratorial work.Socialism procuratorial system creation in the former Soviet Union, combine to inspect the organization in the law the procuratorial organization fixed position. Our country procuratorial power is after the late Ching dynasty replace usher in of, the core contents of the outside method in area in main absorption department procuratorial power, especially German and Japanese the power of procuratorial work.Because the at that time pure government were soon overthrown, just the system of procuratorial work that establish did not like to carry out very much, but the system of procuratorial work drive later citizen the government adopts. Because the system of procuratorial of the at that time our country adopts the mainland method department procuratorial power mode, at citizen the government is period, the public prosecutor member is given very big power. The current in our country procuratorial power mode is tallying up therevolution base political power developments experience to ascend to establish with the foundation that draw on the former Soviet Union of, because of positioning procuratorial organization as the law inspects the organization, the power of procuratorial work also is positioned to inspect the power for the law.People are endless debatable to the kind fixed position of the our country procuratorial power in recent years. Have of think, according to west" three power divided " of theories, lay claim to our country the procuratorial power is an administrative power or judicature. Have of think that my this constitution has ruled the organization of procuratorial work is power that importance that law direct organization, the writer thinks, the our country procuratorial organization is people to represent the conference system descends the national organization constitute the part, with other national organization, it also is a law direct power certainly. The writer thinks, our country procuratorial organization is importance that the importance that people represent the conference system descend the national organization constitute the part, exercise with similar independence in other national organization the job power, the power of procuratorial work is a national power in our country constitute the part, is a kind of independent national job power.It is not an administ...
Keywords/Search Tags:the construction procuratorial power, Position of procuratorial power, rationalization
PDF Full Text Request
Related items