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Investigation Of Power In The Prosecution

Posted on:2012-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:L J DengFull Text:PDF
GTID:2216330338966517Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Power of investigation is not just a simple configuration problem but a political system of legal arrangements, with the state's criminal policies and the fight against corruption are closely related. Means is used in criminal proceedings, prosecutors what kind of means and methods to ensure the prosecution and investigation with the right to a reasonable arrangement to achieve the right detection value. Introduction This paper will start from the purposes of this article describes, and the topic of this situation now be described. Has been given the right configuration with the definition of investigation, the investigation right configuration of the two modes and the conditions of investigation right configuration investigation demonstrated what is the right configuration, how to configure. Investigation right lateral configuration, that is, when lawmakers in the design of substantive law, many cases will be classified according to certain criteria, all investigating authorities have placed on file in accordance with the standards under the jurisdiction of the authority. However, with the development of society, more and more types of crime, crime means more and more diverse, the more crime but also to professional and career development, the nature of triad gangs, the nature of criminal groups, officials and businessmen with the state public people become more and more cases of the black umbrella, so that the configuration of investigation right type of crime had increased due to enjoy the power of investigation in the sector re-allocation. In order to effectively maintain law and order, to achieve the function of the penalty to curb crime, the need to improve the efficiency of the investigation; and thus strengthen the investigative specialization, has become a realistic option. Investigation right lateral configuration, the objective is conducive to investigating authorities of the specialized division of labor, thereby enhancing the detection of various investigative agencies under the jurisdiction of criminal cases its investigative capacity; but also help define responsibilities. Power in the prosecution investigation have more than the range of other organs. In the program, other investigative agencies to achieve relatively simple power of investigation, and prosecution investigation is the realization of the right to run through every stage of criminal proceedings. The right lateral configuration of investigation is the prosecution's investigation to other investigative agencies supervise out of control, that is, to other investigating authorities investigating officers of illegal misconduct. From our point of view the existing criminal law, investigation right configuration mode is the vertical and horizontal mixed-use; only by the vertical part of configuration mode (the decision will be detection measures to detect behavior supervision, investigation, respectively, the right to authorize implementation of the measures to different organs of the exercise), but also by the lateral part of configuration mode (to the right in accordance with different types of criminal investigations were licensed to the public security organs, prosecutors, state security organs, military security departments, the prison exercise). In principle, a system designed to operate on an objective and its subjective effects are often closely related to goal setting, the system is designed to restrict or even determine the institutional framework and its practical effects. The current configuration mode of investigation led to the prosecution the right to work in all kinds of difficulties and problems encountered.
Keywords/Search Tags:Of prosecution, Investigative Power Configuration, two modes, Defect, How to improve
PDF Full Text Request
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