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On Our Country’s Procuratorial Organs The Improvement Of The System Of Criminal Lawsuit Supervision

Posted on:2013-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhangFull Text:PDF
GTID:2246330392954704Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The constitution and the law gives the procuratorial organ extremely importantmission, it as our legal supervision organ in accordance with the law on the criminallawsuit legal supervision activities, is of socialism with Chinese characteristicsprosecutorial system. For a long time, the procuratorial organs actively fulfill thesupervisory function, to carry out the procuratorial supervision activities, in criminallitigation supervision and made a lot of work and achieved some results, effective topunish the crime, so as to safeguard human rights.Procuratorial organs of the procuratorial supervision is a national legal systemconstruction and human rights protection degree of important symbol, to realize socialbasic elements and benign interaction between the rule of law, be about to improve andperfect the system of supervision procuratorial organs. However, in practice there arevarious reasons, causes the procuratorial supervision mechanism is not perfect, the legalprovisions of the regulation is more abstraction, a wider range, and the program difficult toenforce. The procuratorial organs in the performance of the criminal litigation lawsupervision function of the problems existing in the process of include: on the criminal puton record to the supervision of the lack of rigid requirements, on the criminal investigationsupervision and lack of means, criminal trial supervision is not perfect, the people’sprocuratorate lack of supervision consciousness and supervision and initiative, etc.In this paper, the author from the theoretical knowledge of procuratorial supervision,and combines it in criminal lawsuit, the importance of the deep thinking of the current ourcountry the present situation of the procuratorial supervision, as well as the defects of theexisting in perfecting it based on the content, and put forward some benefit to improveshortcomings suggestion, For example, in a criminal case supervision, founded criminalcase review filing system; In criminal investigation supervision, perfect prior interventionto the supervision of the public security organs investigation means; In criminal trialsupervision, the people’s procuratorate to the judicial activities that supervision; In thepenal execution supervision, the specific provisions of punishment handed over for execution supervision and so on. We should earnestly analyze the procuratorial organs inthe process of exercise supervision problem, accurate understanding of the procuratorialorgans legal supervision function, at the same time puts forward actual situation adviceprompted the procuratorial organs of the criminal litigation supervision system to be moreperfect, to construct the socialist rule of law society has the extremely vital significance.
Keywords/Search Tags:Criminal litigation, Legal supervision, Procuratorial supervision, Procuratorialorgans
PDF Full Text Request
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