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Study On Certain Questions Of China's Procuratorial Committee System

Posted on:2013-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:C HuangFull Text:PDF
GTID:2216330374963440Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
China's procuratorial committee system is the product of the combination with the situation of ourcountry and the Soviet Union's procuratorial system.It's a refraction of democratic system in theprocuratorial institution-building. China's judicial reform process moves forward, prosecutors reform isin the typical part of the procuratorial committee as China's procuratorial system, will inevitablyparticipate in a wave of reform. From the procuratorial committee system since the reforms began in1999, the procuratorial committee of the reform has achieved some results. Overall, however, thesereforms to a certain extent strengthened the functions of the Review Committee, but are partialimprovement, the functions of the Review Committee has not been substantial optimization. At thesame time, the reform is also faced with certain theoretical difficulties and purpose predicament. To bebeneficial to the reform of procuratorial committee, there are six parts on six aspects of China'sprocuratorial committee system was studied in the article: the first part was based on the normative legaldocuments after the founding of our country-based, from four aspects to sort out and compare theevolution of China's procuratorial committee system; the second part, discussed from the perspective ofthe reform on the existence of China's procuratorial committee system and waste, and proposed anddemonstrated China's procuratorial committee system should be retained point of view; the third part,from a development perspective,expounded China's procuratorial committee system in the direction ofreform; from the perspective of power to run analysis within the procuratorial committee andprocuratorates at the internal and external relationship between the parties; from the perspective of areasonable interpretation of "significant", re-analysis the terms of reference of the procuratorialcommittee; according to the procuratorial committee functions of the "duality", put forward the idea ofbuilding "binary" mode of China's procuratorial committee decision-making process,; the last part of thearticle, made a simple comparison of procuratorial committee and judicial committee and analyzed thematerial difference between the procuratorial committee and the judicial committee.
Keywords/Search Tags:Procuratorial committee, Evolution, Reform, Terms of reference, Binary mode
PDF Full Text Request
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