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Law Changes On The Early Days Of The Procuratorial Organizations

Posted on:2013-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:X R HuFull Text:PDF
GTID:2246330374456145Subject:Legal history
Abstract/Summary:PDF Full Text Request
The prosecutorial power is the right to legal supervision, improving the socialist legal significance of a major. Giving full play to the prosecutorial power and strengthening the construction of the procuratorial organization,need the protection of the Law on the Organization of the procuratorial. Because the existing Procuratorate organization law and the huge procuratorial system is disproportionate to the heavy procuratorial work.it nend to be further developed. This article review history of the development about the procuratorial organizations law of the early days and study the text and practice,hoping to develop and improve the procuratorial power,achieve the rule of law, provide an important guarantee and provide useful lessons for the modification of the Procuratorial organization law This article will discuss five parts:The first part is about the historical background of the early days of Attorney Law on the Organization Change. At the beginning of the founding of the PRC,it stands to the side of the socialist countries. Soviet-led socialist countries were recognize and support the PRC; but the US-led capitalist countries did not recognize the PRC to take political, economic blockade and military encirclement strategy. So the PRC is facing severe international situation. In the domestic, Since the PRC was founded on the ruins of the semi-feudal society, politics is unstable, economic is recession, the building of the legal system need to be further developed. In such an International and domestic background, Call of legislation, including the law of the procuratorial organizations, To maintain the stability of the state power.The second part is about the procuratorial organizations of the legislative process. From1949to1956, promulgated four procuratorial Law on the Organization. Common Program is the sources of law for the first three Ministry of procuratorial Law on the Organization of the early days, The Constitution is the sources of law for the fourth procuratorial Law on the Organization. It can be seen through the development of several of the Organic Law, with the changes of social conditions Laws are improve gradually. Characteristics of the law of this period, procuratorial organizations can be summarized in three points:legislative theory stems from the Soviet Union, legislative changes frequently, legislative bits order high.The third part is about the procuratorial Law on the Organization changes in the early days of text analysis. By analysising of the similarities and differences of changes of the early days of procuratorial Law on the Organization, it can be drawn that the common ground of prosecutorial power is the right to legal supervision. This is the draw of the socialist Soviet Union procuratorial theory and the product of their own characteristics; The difference Include the chapter structure of the law, leadership system, Institutions, powers, etc. This is mainly due to changes in social circumstances, legislative advances in technology, the law changed.The fourth part is about effectiveness analysis of early days of the procuratorial Law on the Organization Change. In the process of the procuratorial Law on the Organization changes, The number of prosecutors and staff is more and more, Organization construction has made great achievements. In operational terms, procuratorial agencies are participate in the movement actively, according to the requirements of the Organic Law, to exercise supervision in strict accordance with the law on criminal. Played an important role in maintaining social stability, safeguard the legitimate rights and interests of the people. In short, the organization Act has achieved striking success in the organization building and business building.The fifth part is about the procuratorial organizations on contemporary society and revelation. This section consists of three aspects:adhere to the legal supervision of the prosecutors properties,adhere to the independence of prosecutors and adhere to the prosecutor of the professional.This article was used the early days of procuratorial Law on the Organization for the study, Combined with books and papers, on the basis of the results of previous studies, system analysis issues related to the early days of procuratorial Law on the Organization changes, this enrich the procuratorial theory of contemporary society. In the discourse, Using of historical analysis, empirical and comparative analysis methods in order to more in-depth study on this issue.
Keywords/Search Tags:Procuratorial agencies, Organization Act, Legal supervision, Prosecutorial power
PDF Full Text Request
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