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In Administrative Appeal System Procuratorial Agency's Right Of Inspection Research

Posted on:2012-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:L GaoFull Text:PDF
GTID:2216330338956353Subject:Law
Abstract/Summary:PDF Full Text Request
Implementation of the system of administrative public prosecution for national and public interests and concerns of prosecutorial effective supervision and restriction of executive power, although in recent years has not been set up, a system is this theory to the highly, established in China and the necessity and feasibility of framework design aspects of the concept of a more mature. "The lawsuit is playing evidence", in the current trial mode, the administrative prosecution case clues to master mentioned must have sufficient evidence, the premise, or procuratorial organs may not dismissed because of evidence. To the greatest degree of reality, it must find case, forensics system through investigation the imperfect will inevitably affect the function of evidence system play in litigation. And the current laws both in civil litigation or administrative litigation field of procuratorial organs, investigation power no specific provision, make the procuratorial organs when in investigation of evidence showing that many unsatisfactory place. As an administrative public system for survey surely classics program, in the current research of the problem is particularly urgent, also this paper writing purpose and meaning.The author based in procuratorial organs proof responsibility and legal supervision function etc explains the procuratorial organs in administrative public prosecution system, and the necessity of the investigation power in legal foundation and practice further based its feasibility is discussed. Then, using the method of comparison to court investigation power, public security organs such as a inspects and distinguish procuratorial were briefly analyzed, in order to improve investigation power this power for reference. In this paper the exercise of investigation power independently in accordance with the principles-"the principle", "reasonable principle", "accept supervision principle", the means and investigation of the security and the restriction of several aspects such as the concrete programming and the conception, with its can make the power to maximize the positive role.
Keywords/Search Tags:public prosecution of administration, procuratoration, investigate right
PDF Full Text Request
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