Font Size: a A A

The Power Of The Prosecution In Criminal Proceedings Outline

Posted on:2008-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2206360215473105Subject:Code of Criminal Procedure
Abstract/Summary:PDF Full Text Request
Procuratorial agency's reform is carrying on, but is oppositeto judicial organization's reform says, dynamics and progress allrelatively small. The reason is various, but the most main reasonshould lacks the effective theory instruction, cannot achieve themutual recognition in some basic questions and core question goingto school, does not have the means to form the mature consummationthe theory to come effectively to instruct the examination reform.Procuratorial agency's reform only energy "does piecemeal" carryingon, no matter is the host sues the public prosecutor system or topostpone the prosecution the implementation all is in the servicestratification plane reform, has not touched the core.PartⅠfirst enumerates the educational world existing viewpoint,now the related procuratorial agency authority viewpoint mainly hasfour kinds: The jurisdiction said, the executive power said, theadministrative judicature dual attribute said, the legal supervisoryauthority said. Then one by one carries on the critique again, thesefour viewpoints or have the logic not Distribution, or although inthe logic quite is strict but actually cannot the very goodinstruction practice, to advances the examination reform not majorfunction. After that, proved has located our country the examinationpower to have to grasp the good several principles: Puts theprocuratorial agency authority in the procedural law (mainly is Lawof Criminal Procedure) the field of vision inspects; Must persistand observe our country the fundamental political system; Must jumpout the western separation of powers theory the bamboo fence;Procuratorial agency's authority has the unitary side to be able theperfectly justifiable line to pass.The author thinks, when using judicial powers to wait for theauthority concept, can be put into use tier in two on the surface, one kind of tier of face being an authority form, one kind is tierof face that reality handles, being able to say tier of face handlingin reality is that judicial powers, queen one kind of judicial powerscan use judicial authority to come to replace now that being ableto say court's authority in authority form is judicial powers tieron the surface. Come two to use procuratorial authority marktherefore, being unable to can such tier of face, procuratorialauthority of queen one kind of tier soft and floury uses right ofprosecution to replace. Embody because of handling middleprocuratorial organ authority in reality for right of prosecution.In PartⅡ, emphasize the authority having discussed aprocuratorial organ embodying mainly for right of prosecution faceto face tier in reality. The two aspect searching props up an authorfrom direction and transverse direction, the most direct incentivebeing that procuratorial work system comes into being in the publicprosecution having inspected the history that procuratorial worksystem produces , having come to a conclusion on direction;Procuratorial organ authority have mounted in transversely, come toa conclusion these countries are allocation procuratorial organcentering on right of prosecution authority also all. Our countryprocuratorial organ authority is also centering on right ofprosecution in factAuthority has carried out construction on the procuratorialorgan Should however the naturein PartⅢ, the author, has beentied in wedlock and reality of our country, the pattern has carriedout the criticize, relative with construction ideal procuratorialorgan authority pattern on now available procuratorial organauthority. The author thinks that the procuratorial organ authorityis right of prosecution tier in practice on the surface, containsthe following content mainly: Public prosecution preparation weighsup, right of prosecution, public prosecution instituting prosecution charging right and charging right for cutting amounts tentatively,changing relieve right. And have been in progress to every authoritycomment that, the current situation having analysed our country,lists the educational circles viewpoint and the Criminal ProcedureLaw scholar revising the conclusion suggesting that the draftrelevance stipulates, reaches self.That public prosecution is prepared is that the procuratorialorgan is trying front procedure middle for instituting prosecutiontentatively, the authority enjoying, investigating commanding rightand post criminal case including investigating collecting evidencechecking up on the facts weigh up.Institute prosecution being a procuratorial organ tentativelyoneself characteristic embodies be most sufficient and obvious onekind of authority, the author is pursued from "the country tellingdoctrine" and "going after privately to tell doctrine" startingoff, "charging pointing out our country is binary mechanism".In charging not ought to with our country charge right and thinkthat charging right part, author for cutting amounts, system is legalnonprosecution mark and decides not to charge with two kindsaccording to self's judgment.The procuratorial agency files the lawsuit on behalf of thenational interest, the goal investigates the crime, maintains thegovernment by law, therefore when investigates cannot or not strengthtime, should entrust with the success which it is correspondingRelieve right safeguards investigates. This specifically manifestsfor the anti-right of suit and to the execution supervisoryauthority.
Keywords/Search Tags:Procuratorial authority, right of prosecution, public prosecution prepare right, public prosecution changing right, public prosecution relieving right
PDF Full Text Request
Related items