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Expansion And Control Of Procuratorial Organs’ Investigation Power

Posted on:2014-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:C S LiuFull Text:PDF
GTID:2246330395994293Subject:Legal theory
Abstract/Summary:PDF Full Text Request
This article through to American procuratorate investigation of the paper tries tofind the characteristics, as well as the achievements of these characteristics, anddepicts the complexity of procuratorial investigation power in our country. On thisbasis, in the balance of power levels to discuss the expansion and controlinvestigation right of procuratorial organs in our country, in order to realize thebalance of state power and civil rights, procedural safeguards for the path of theconstitutional rights of citizens. This paper is divided into four parts, as follows:The first part "investigation power of the procuratorial organ againunderstanding". This section reviews the investigation right of procuratorial organ inChina’s historical origin, respectively from the power, power of two relateddimensions of the investigation authority on. Try to complete outline of investigationright of procuratorial organ in China.The second part "the limited expansion of the investigation authority". Throughthe case jurisdiction, investigative organization and its members, utilization ofresources, cooperation, carries on the evaluation to the Sino-US the investigationauthority. Can be seen that the investigation authority in China has many problemssuch as poor running. In the functioning of power that it did not play its due role inthe balance of power. On this basis, demonstrates the relationship betweeninvestigation power of the procuratorial organ and discretion, and the duty crimeinvestigation system in detail, the purpose is to the procuratorial organs investigationpower back to the power system "in situ", and take this as the starting point ofthinking to find ways to strengthen the power of investigation.The third part "the investigation power of the procuratorial organ control neutraljudicial". The first control status of the investigation right of procuratorial organ inChina is described, find out the key issues--there is no strong external control. Thenthe control of the United States of America procuratorate investigation of theassessment. In order to compare for inspiration, introducing the concept of judicialreview, and proves the possibility of the establishment of the system in our country.Once again, from the two aspects of the content and the scope of judicial review of the main power and review, expounds the basic idea of establishing the judicialreview system in our country. In addition, because of the particularity of preliminaryinvestigation, but also specially introduced the basic method of investigation in theinvestigation of behavior control.The fourth part "conclusion". Review the article demonstrates the context,related to the main body of this paper but in this paper does not deal with the problemfor a simple explanation. Such as the control of investigation power of theprocuratorial organ should also include public opinion supervision, internalsupervision, legislation and supervision. And if in the aspects of strengthening theinvestigation power of the procuratorial organ should also attach importance toimprove the level and detection technology to enhance the technical investigationmeasures.
Keywords/Search Tags:Investigative powers of procuratorial organs, Judicial review, The protection ofthe rights
PDF Full Text Request
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