The Research On Objection To Consult Of Procuratorate

The establishment and development of the objection to consult of Procuratorate iscompatible with the Attorney General,Attorney General Committee, the procuratorialorgans and the organs of power and procuratorial organs on the lower level of therelationship between changes. Since procuratorial system, the Attorney General andthe relationship of the procuratorial committee has experienced three changes beforesetting the mode of the present objection to consult the relations of the system is theexisting legal provisions of the Attorney General and the procuratorial committeesystem reflects its produce has its own theoretical basis, by the principle ofdemocratic centralism, the procuratorial organs of the dual leadership system andprotection of human rights theory. Due to system defects, objections to consult thesystem to run the program lack of legal provisions, it is difficult to operate, resultingin rarely used in judicial practice since the establishment of only several judicialpractice also leads to system conflicts due to the contradiction with the provisions ofother laws. With the development of our in-depth research on the basic theory of theprocuratorial system, the objection to consult the system encountered a number ofdifficult theoretical problems in the existing legal framework, in reality, it does notmeet the existing legal organs, procuratorial organs and powers of asuperior-subordinate procuratorial organs of the relationship between the provisionsunconstitutional too. Previous revisions of the "People’s Procuratorate" objection toconsult the system and did not attract enough attention, so it’s necessary to reform thesystem of objection to consult reformal, to make clear the operation rules for thesystem of objection to consult, and to study its inadequacies and give proposals,which will have great significant for the procuratorial in theory and practice.