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On China's Procuratorial Powers,

Posted on:2006-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:W A XuFull Text:PDF
GTID:2206360182460043Subject:Law
Abstract/Summary:PDF Full Text Request
China's procuratorial organ is the supervision organ of law. According to the regulation of constitution, law and pertinent statute , China's procuratorial organ possess corresponding procuratorial power. China's procuratorial's power consists of procuratorial's disposition power and procuratorial's proposal power. Procuratorial's disposition power is the final decision power owned by procuratorial organ on some affair's disposition in fact and law in lawsuit proceeding of criminal, civil and administrative cases. Procuratorial's disposition power can be divided into substantive and procedural disposition power. Substantive disposition power means that procuratorial organ have the final decision power on the nature and outcome of some cases ,and on the determination of the nature of the litigant's behaviour and the disposition of the litigant in lawsuit proceeding. Procedual disposition power means that procuratorial organ have the final decision power on the start and termination of some lawsuit procedure.Procuratorial disposition power have some basic common ground in different country of different social and law system,though the content of procuratorial disposition power is different, there is much profitable function in these common ground that can be used for reference for the installation of China's procuratorial disposition power .In the current lawsuit structure, Our country's procuratorial disposition power is mainly composed of power of informing public security organ of placing a case on file for investigation and prosecution ^ power of approving or deciding arrest > power of prosecution > power ofinvestigation and power of protest.Having undergone Judicial practice for years, our country's procuratorial organ played an important role in maintaining unified and correct enforcement of law > cracking down crime and safeguarding human rights through exercising its disposition power. But there are still many problem deserving attention in the process of installation and exercising of procuratorial disposition power. Taking account of the need of administering a country according to law > establishing socialist legality country, it is essential to strengthen and expand procuratorial power including procuratorial disposition power, using the beneficial experience of other countries for reference.In order to strengthen and expand procuratorial disposition power, we can take steps in the respects below: firstly, strengthensupervision power on placing criminal cases on file for investigation and prosecution; secondly, increase approval power of utilizing technical investigative means; thirdly, enrich decision power of detaining suspect; fourthly, extend power of prosecuting consideration; fifthly, set up substantive punishment power of non-prosecuting cases; sixthly, endow procuratorial organ with prosecuting power of civil and administrative cases.
Keywords/Search Tags:procuratorial agency, procuratorial disposition right, strengthen expansion, the legislation suggested
PDF Full Text Request
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