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Chinese And Foreign Comparative Study Of The Procuratorial Reflection

Posted on:2014-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:P TianFull Text:PDF
GTID:2246330398969179Subject:Legal history
Abstract/Summary:PDF Full Text Request
This paper studies the Chinese and foreign procuratorial authority from the perspective of history, tracing, from the ancient today, start from the origin and development of procuratorial study its history, present situation and the future, from feudal period "the origin of the procuratorial authority" to the modern development of prosecutorial power, to explore the continental law system, Anglo-American law system, procuratorial authority of differences and relations between the socialist legal system, the thinking of the ancient empire to modern procuratorial system and the legal culture guide, found that foreign procuratorial place worthy of learning, and for the building and development of procuratorial authority in our country in the future.Don’t forget the history of the basic link, is necessary and feasible by using the method of historical comparison research method, research the problem should observe impartially historical origins, development course and the differences and relations of different boundaries, to find the reasons of the prosecutorial power, through tracing the cobwebs, and in order to further understand the problem behind the essence, so as to clear up the future development of track and feasible Suggestions are put forward..Prosecutorial power as center of gravity of the modern procuratorial system in China based on the ancient empire system, absorb the essence part of the mainland legal system of procuratorial system, borrowed from the former Soviet union and absorb the ideas of Lenin’s legal supervision of procuratorial system, through the exploration and practice of the new-democratic revolution period, after the founding of new China60years of development and change form. Only through based on the unique political system and cultural tradition in China, the comparative review the historical origin and the evolution of prosecutorial power, to more accurately locate the prosecutorial power, for the construction of China’s procuratorial suggest more sensibility.Comparative studies the Chinese and foreign procuratorial theory basis, this paper also selected as one of the important power of procuratorial authority of criminal authority, from a practical sense to compare the different boundaries of criminal prosecutorial authority, the article tried to through study on the method of history, comparison of prosecutorial power, the purpose is to reflect on the status quo of China’s prosecutorial power, so as to provide feasible Suggestions for improvement of Chinese procuratorial authority, strengthen the role of prosecutorial power in criminal litigation law system, an important process of governing the country according to law, the pursuit of social justice and national justice.
Keywords/Search Tags:procuratorial authority, legal supervision, criminal proceedings, criminal authority
PDF Full Text Request
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