The Procuratorial Organs Of The Right To Criminal Prosecution And Criminal Supervision And Separation Of Powers

The criminal public prosecution power and criminal supervision power of a procuratorial organ are contradictory and their characteristics are different. On account of the comprehensive analysis to the necessity of the two powers' separation, the author raised a new project to solve this problem and systematically demonstrated the feasibility and necessity of the new project. The thesis adopted the methods of value analysis, comparison, history and empirical analysis.A series of activities of investigation and public prosecution of a procuratorial organ are to pursue a goal of winning a lawsuit. The public security organs and the procuratorial organs have the consistency of purpose on this point and they coordinate their efforts each other. The practice that one party supervises another about their same benefits is difficult and powerless. A procuratorial organ is responsible for a series of judicial activities in a case under investigation by itself from filing a case for investigation to supporting public prosecution. The internal supervision of a procuratorial organ is illogical and unsubstantial. It's difficult to correct if any question arises. A procuratorial organ has the powers of criminal public prosecution and criminal supervision, which bring the prosecuting party and defendant to unequal positions. A procuratorial organ which has the powers of investigation and criminal public prosecution has to try its best to take part in the corresponding activities vigorously for the purpose of fighting against criminal acts, punishment of criminals, safeguarding state and public security and maintaining public order. The same procuratorial organ that also has the power of criminal supervision has to keep itself neutral and unprejudiced as far as possible in order to protect the innocent against being investigated for criminal responsibility, safeguard the socialist legal system and achieve social justice. It is obvious that the relationship between them is irreconcilable.A new project of establishing the People's Supervision Organs was raised in this thesis, assimilating the quintessence of ancient supervisory system of china. The author explored comparatively rational mode for reference to deal with the problem above. In detail, establishing the People's Supervision Organs forms a new system that all administrative,...