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The Research Of Our Country’s Prosecutorial Power

Posted on:2014-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:S S JieFull Text:PDF
GTID:2246330398460959Subject:Law
Abstract/Summary:PDF Full Text Request
The prosecutorial system is an important part of the judicial system. The nature of prosecutorial power is the basis of the prosecutorial system, and the power of the prosecutorial organs is the core of the prosecutorial system. With the economical development and the social reform, the original system needs to make some adjustments, as well as the prosecutorial system. The prosecutorial reform is an important way. Prosecutorial reform needs to constantly strengthen the prosecutorial organs’ legal supervision function and improve the prosecutorial organs, insisting on prosecutorial organs’ nature from the constitution. In2012,our civil procedural law and criminal procedural law’ amendments were issued, with affirming the development of prosecutorial theory. But prosecutorial reform which considers the deployment of prosecutorial power as the core is a systematic work. The practice put forward new requirements for prosecutorial organs, prosecutorial power, procurators, which needs us review the prosecutorial authority on the basis of the legal system.The article uses the literature survey, historical analysis, comparative analysis and other research methods to study some questions of China’s prosecutorial authority, including the nature of prosecutorial power, the deployment of prosecutorial power and the prosecutorial reform. Specifically, the first chapter is the introduction, mainly elaborating the source of the selected topic and its significance, its research status, research ideas, research methods of this article, the innovations and shortcomings of the article. Chapter2, the emergence and development of prosecutorial system, through the introduction of the emergence and development of Chinese and foreign prosecutorial system, as well as the comparison and analysis between them, we can see the differences between Chinese and foreign prosecutorial system development, the bases of their emergences, the contents of their system. Chapter3,the position of the prosecutorial power in our country, from the existing theory and law about the definition of the nature of the prosecutorial authority, we can conclude that the radical nature of prosecutorial power is one power of legal supervision in our country. Chapter4, the deployment of prosecutorial power in our country, expounds the existing legal regulations on the prosecutorial authority, and points out the problems encountered in its operation, and then demonstrates the safeguard mechanism for efficient operation of the prosecutorial functions. Chapter5,the way to improve the prosecutorial power in our country:the prosecutorial reform, introduce the origin and the direction of prosecutorial reform firstly, as the basis of the content of the reform, and then discusses the contents of the reform for solving the problems referred in the deployment of prosecutorial power and its operation.
Keywords/Search Tags:prosecutorial power, legal supervision, the deployment of prosecutorial power, prosecutorial reform
PDF Full Text Request
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