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Supervision Of The Case Under Investigationby The Procuratorial Organization Itself

Posted on:2013-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:X J HaoFull Text:PDF
GTID:2296330362463913Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal investigation is an important state to punish crime, public power,China’scriminal investigation mainly by the public security organs and the prosecutorsto exercise.Procuratorate is the statutory legal supervisory authority, but China’sCriminal ProcedureLaw also gives the prosecution the right of the Duty Crime Itself. In udicial practice, due tothe lack of supervision and control mechanism, causing some buse of the right’sProcuratorate Itself, together with their own characteristics rocuratorial Procuratorate justgave people bring their own supervision and at others the impression that withoutsupervision,who derives supervision of supervisors of the problem,or even deny the natureof the prosecution of legal supervision. Procuratorate Itself power is abused,not only can notcontrol crime, the legitimate rights of citizens will be harmed,but also the adverse impact tothe community. Therefore, the in-depth study on the supervision over the criminalinvestigation, not only can promote the process of building the rule of law state, improveour monitoring system can better protect human rights. Practice, the prosecution’s owninternal supervision and people’s congresses,parties,social supervision,supervision of theway there in congenital defects. There are the unique conditions of lawyers, versed in legalproceedings on behalf of the interests of criminal suspects, to a maximum protection for thelegitimate rights of criminal suspects, to grasp the merits of the case the whole process ofsupervision can be implemented. Therefore, criminal Itself Prosecution and the right ofsupervision, supervision of lawyers is an important subject of supervision than other subjectsand can play a greater role. To strengthen the supervision of prosecutors Itself right, we muststrengthen the supervisory role of lawyers.In March14,2012the" Criminal Procedure Law" amendment bill passed, the newcriminal law amendment process, the legislature to listen to all the voices. Look on the whole,strengthen legal supervision, especially to the investigation, enforcement, special proceduresupervision. After the amendment of the criminal procedure law gives the criminal suspectinvestigation during the appointed lawyer rights, the prosecution transact self-detecting casesin the first interrogation or to take compulsory measures, should be informed of their right to counsel. The lawyer investigation during the meeting with the major crimes of bribery crimesuspect to be approved by procuratorial organs, procuratorial organs should notify the. Themeeting was not listening. This modification expanded the scope of legal aid, in theinvestigation, prosecution of procuratorial organs during both to inform the legal aidinstitutions appoint lawyers to defend.158th also provides the investigation organ in theinvestigation of the case before the end of may hear counsel, advice, and in the case ofmarked. Defense lawyers put forward written opinions, should be attached. The new law hasendowed lawyers with more rights, establish the lawyer in the investigation stage of litigationstatus, which is beneficial to improve the prosecutor-investigated cases supervision system.But the prosecutor-investigated cases of supervision problems, prosecutor-investigated casesinvestigation supervision mechanism, existing problems, so as to improve our country theprosecutor-investigated cases of supervision and restriction mechanism of some usefulsuggestions...
Keywords/Search Tags:community correction, punishment mechanism, punitive function, punishment dynamics
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