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Research On Better Configuration Of Prosecutorial Power

Posted on:2013-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z X SongFull Text:PDF
GTID:2246330371492089Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Prosecutorial power, as an independent power, plays an important part in the system of the state power. The contents of Prosecutorial power are influenced by the country’s culture tradition, and politics. Prosecutorial Power is for protecting the rights and interests of the nation and citizens. Prosecutorial power configuration not only is the concern of theorists, but also attractes practitioners’attention. This paper is divided into three parts:Part I is about the nature of Prosecutorial power. This part is about the concept and nature of Prosecutorial power. The concept of Prosecutorial power is the basis of this paper. There are several points of view of the nature of Prosecutorial Power, which are called administrative power, judicial power and both, legal supervision power. In our country, Prosecutorial power is the power for legal supervision, which decides the nature of it.The second part is about the current configuration of prosecutorial power. This section is divided into three areas, the first part focuses on the prosecutorial power configuration model, this paper discusses the civil law and common law legal systems of the prosecutorial power, country-specific prosecutorial power is subject to statespecific cultural and political decision, China’s prosecutorial power configuration mode is similar with the civil law countries. The second part focuses on China’s current configuration base. Prosecutorial power configuration based on the nature of prosecutorial power. According to the above discussion, we believe that the nature of prosecutorial power is the right of legal supervision, therefore, our current configuration of prosecutorial power should focus on the nature and improve the function of legal supervision of prosecutorial power. The third part focuses on deficiencies and shortcomings of China’s current prosecutorial power. Only if we recognize our current lack of prosecutorial power configuration, and analyze its causes, we can address the problem to find the perfect method of prosecutorial power configuration, there are some problems to be solved about the current prosecutorial power configuration: for example, the scope of prosecutorial functions is narrow, the means is limited, the effect is not strong, and so on.The third part is the core of this article, discusses the improvement of China’s prosecutorial power allocation strategy. This section is divided into three areas:the first section is about our need to improve the prosecutorial power configuration. Complete the configuration of prosecutorial power is imminent. The second part describes the basic principles of sound prosecutorial power configuration. For the prosecutorial power of scientific and rational allocation, you first need to clarify its basic principle to follow. Finally, a complete discussion of prosecutorial power configuration of specific strategies. Prosecutorial power configuration needs to integrate a variety of means, the common efforts from various angles to play prosecutorial functions, such as expand the right of the purview of inspection and supervision, increase prosecution means to enhance the enforcement powers of prosecution, a reasonable allocation of internal organs, and so on.
Keywords/Search Tags:Prosecutorial power, Configuration
PDF Full Text Request
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