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The Improvement Of The Legislative Control Mechanism On Self-investigated Cases Of The Prosecutorial Organ

Posted on:2012-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y B WangFull Text:PDF
GTID:2216330338970635Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The Procuratorial organ has right to investigate public servants' crimes, to issue warrant of arrest to the suspect and to initiate public prosecution, therefore, its power can be easily over-used because of lacking supervision. Therefore, the majority of legal practitioners and theorists strongly urged prosecutors to establish a sound supervision mechanism to supervise self-detected law cases. However, this appeal to ordinary criminal cases, mainly supervisory status as the angle of vision, self-detected case is equivalent to ordinary criminal cases to be considered, emphasis on self -detected case investigating authorities and the public prosecutor's supervision, after all, is to strengthen Itself to the prosecution case investigation, the decision to arrest and prosecute the supervision of judicial activities.In fact, many job-related crimes were felony lenient sentence, suspended sentence, probation and his sentence to be commuted in, parole, etc. The phenomenon of the masses of people and society has caused some adverse effects. In the corruption situation remains severe, a variety of positions crimes have not been fully contain the situation, we must not only see duty crime investigation, prosecution and other aspects of supervision mechanisms are inadequate, but also to see crimes committed in the trial and punishment, etc. phase of the absence of legal supervision.Therefore, this article plans to use the brand-new angle of view, bases from detects the case particular which and the legal supervision history evolution compares with the ordinary criminal case has, first restructures from detects the case legal supervision's concept, is clear from detects the case legal supervision's main body, the content, the object and the procedure; The second part of selective analysis strengthens from detects the case legal supervision's related viewpoint, is different according to the emphasis point, will concern strengthens from detects the case legal supervision's idea to divide into stresses from detects case's detection power in the surveillance and the restriction procuratorial agency, stresses from detects the case in the surveillance and the restriction to remove the document, the arrest and does not sue the link, stresses in the respect and the assurance of human rights and so on three kinds; The third fraction analysis from the Self-detected case law supervisory the present condition and our country monitor an existent question from the Self-detected case law.The disadvantages of self-detected case law on supervision are mainly reflected on lacks of four respects that contributes to the inadequate of vertical monitoring, the inadequate of dynamic supervision, the inadequate of external monitoring and the inadequate of comprehensive monitoring. The fourth part summarized and reconstructed the law of our country's self-detected case legal supervision of the principles and basic framework, and the legislative amendments. Reconstructed our self-detected case law framework should follow the principle of integrity, the principle of objectivity and balance of principles and human rights protection principles and recommendations by further legislation, of building a Chinese-style about the crime investigation, judicial and executive mechanism to supervise the regulated. And respectively from take procuratorial agency's internal surveillance as the main body, consummates to from detects the case entire process the dynamic surveillance and supervises take National People's Congress as the main body, consummates to from detects case's outside supervision two master lines to carry on the elaboration, perfect and to from detects case's legal supervision mechanism perfectly. The dynamic surveillance aspect, according to the crime by taking advantage of duty case's investigation process and the legal procedure, and initially looks up from the clue management, from detects the case to put on record to supervise, the detection surveillance, the trial surveillance and from detects the case execution of punishment surveillance and so on five aspects to launch elaborates and gives the consummation comment, particularly is clear from detects the legal status which the case initially looks up, the imitation procuratorial agency to Public security organ's surveillance, establishes the procuratorial agency interior from to detect the case as soon as possible to put on record the control system. In the detection surveillance aspect, further reforms the case which below the consummation provincial level the People's procuratorate puts a case on file and begin investigations by on first-level People's procuratorate to examine the decision arrest mechanism, adjusts from detects the case to examine the arrest pattern. In the aspects of judging to monitor, suggest implementation from self-detected case judgment the foreign land rule over system and penalize to don't need to publicly listen to certificate system and lead to the pertaining to crime fine and the suspended sentence implementation into quantity Xing suggestion the system and approval pertaining to crime anti- tell intensify from the reviewing supervision of the self-detected case etc.. From detects the case execution of punishment surveillance aspect, suggested that implements the examination synchronization surveillance, commuting a sentence, paroles and is released on bail for medical treatment the introduction open hearing system, and from will detect case commuting a sentence, the parole to integrate the trial surveillance system, manifests the procuratorial agency to strengthen fully to from detects the case legal supervision aspect the function and the usage. The outside supervision aspect, the author from consummates the people's supervisor system, to safeguard attorney the disciple right and the strengthened society supervises three aspects to launch elaborates and proposes consummates the suggestion, specially creatively proposed that sets up the people's supervisor office in same level National People's Congress, entrusts with its certain authority and the function, is clear about scope which and start surveillance way the people's supervisor supervises, strengthens same level National People's Congress under the constitution frame to from to detect case's surveillance restriction. At the same time, resisted respect action and social supervision function to also propose certain views to the anti- of exertion solicitor's system, further perfect pais from the external supervision of self-detected case.
Keywords/Search Tags:Procuratorial organ, prosecutor-investigated cases, legislative control, the external supervision, the internal supervision
PDF Full Text Request
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