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The Reasonable Position Of Prosecutorial Interpretation

Posted on:2014-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2246330398478442Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Attorney explanation refers Supreme People’s Procuratorate on procuratorial organs at all levels in procuratorial work in practice how legal issues specific application alone or in conjunction with other departments made legally binding interpretation and explanation. Attorney interpretation system is a system of judicial interpretation of one of the two branches. Since1981, the National People’s Congress promulgated the "on the strengthening of the legal interpretation of the resolution" since the Supreme People’s Procuratorate formulated a number of prosecutors interpret the file. The prosecution explained in promoting the procuratorial work smoothly, punish crime and safeguarding uniformity has played a significant role. However, since the legal system is not perfect cause there are a lot prosecutors explain institutional issues, such as prosecutors explain the development of the main confusion, prosecution and judicial interpretation interpretation conflicts and contradictions, prosecutors explained the formulation and revision procedures are not perfect, prosecutors explained unreasonable interpretation and so on. Therefore, clear explanations Attorney positioning, improve procuratorial system is necessary explanations.Firstly, from the nature of the prosecution positioning, this paper discusses the necessity of establishing prosecutorial interpretation system and the current interpretation of the legal basis for prosecution lies, and sort out the prosecution explain concepts. Secondly, an overview of the system theorists explain the discussion on the Prosecution course, draw beneficial ingredients, hastily explained negate Attorney is to ignore our judicial tradition, and completely copy practices of Western countries it is difficult to take into account the situation of our country, prosecutors presented a comprehensive analysis must be interpreted there is reason for the development. Again, this article explains the system of prosecuting the many problems that currently exist are summarized, and from the examples starting point clear that the real problem lies. Finally, prosecutors explained the problems, this paper presents specific recommendations, the more perfect fit reality Attorney Interpretation System.
Keywords/Search Tags:Prosecutorial interpretation, Judicial interpretation, Procuratorial-Power, Procuratorial organs
PDF Full Text Request
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