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Research On The Credibility Of Law Enforcement Of Procuratorial Organization

Posted on:2015-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:L G LiFull Text:PDF
GTID:2296330431457008Subject:Law
Abstract/Summary:PDF Full Text Request
The credibility of the law enforcement of procuratorial organization has become a hot topic. The credibility of the law enforcement of procuratorial organization refers to the qualification and ability of the procuratorial organization to obtain public trust in the process of exercising procuratorial authority, as well as the public subjective evaluation, value judgment and psychological identity to the procuratorial organization and their staffs. Construction of procuratorial organization law enforcement credibility is the inherent requirement of the nature of procuratorial organization and procuratorial power, and plays an important role in maintaining social fairness and justice. This paper defines the concept of the credibility of the law enforcement of procuratorial organization, and analyses the value, basis and elements of the credibility of law enforcement of procuratorial organization. Then it discusses the current situation and deficiency of law enforcement of procuratorial organization in China, as well as how to enhance China’s credibility of the law enforcement of procuratorial organization.This paper studies the four parts:The main contents of the first part is the research of the concept and value of the credibility of the law enforcement of procuratorial organization. In this part, the author gives an analysis of the nature of the procuratorial organization, and defines the basic concept of the credibility of law enforcement, law enforcement of procuratorial organization, credibility, which is the basis of the text. The author first analyzes the nature of procuratorial power in China. While admitting that the procuratorial organization of our country have the dual attributes of administrative and judicial, procuratorial organization is judicial organization which have a strong administrative color. Then the concepts of credibility, the credibility of the law enforcement and law enforcement of procuratorial organization are defined. Based on the concepts of credibility and law enforcement, the concept of the credibility of the law enforcement of procuratorial organization is defined. The credibility of the law enforcement of procuratorial organization refers to the qualification and ability of the procuratorial organization to obtain public trust in the process of exercising procuratorial authority, as well as the public subjective evaluation, value judgment and psychological identity to the procuratorial organization and their staffs. Finally, the author also analyzes the values of the credibility of the law enforcement of procuratorial organization, which are mainly manifested in the following three aspects:the promotion of prestige of procuratorial organization, the promotion of the stability of social order, and the promotion of social equity and justice.The main content of the second part is the generation basis and elements of the credibility of law enforcement of procuratorial organization. The author analyzes the generation basis from three aspects, namely politics, economy and culture. Democratic politics is the political foundation of the credibility of the law enforcement of procuratorial organization; the market economy is the economic foundation; and legal culture is the cultural foundation. As for the elements of the credibility of law enforcement of procuratorial organization in china, the author thinks that the legal faith of the public and their trust in the law enforcement activities of procuratorial organization are the inherent elements. The credits produced in the exercise of prosecutorial power, the public trust produced in the process of law enforcement, as well as the legal evaluation by public are the external elements of the credibility of the law enforcement of procuratorial organization.The main content of the third part is the analysis of present situation and reasons of the credibility of the law enforcement of procuratorial organization in china. The author thinks that the deficiency of the credibility of law enforcement of procuratorial organization is an indisputable fact. The author analyzes the reasons for the lack of credibility of the law enforcement of procuratorial organization from the three aspects, which are social and cultural reasons, institutional reasons, and its own law enforcement reasons. Social and cultural reasons include cultural elements and social elements. Institutional reasons include the interference by governments at all levels of and party committees at all levels, as well as procuratorial organization themselves from the administrative management. Its own law enforcement reasons Include its the lack of the concept of justice of law enforcement, deficiency of the ability of staffs, and imperfect of the mechanism.The main content of the fourth part is the path to improve the credibility of the law enforcement of procuratorial organ in China. The author believes that we should reform from the optimization of macro prosecutorial system, micro procuratorial case handling mechanism, as well as enhance of procuratorial enforcement environment and civic trust consciousness. Among them, in the reform of macro procuratorial system, nature of the procuratorial organization should be followed, in order to reform the procuratorial organization and the public prosecutor system. In the aspect of improving micro procuratorial case handling mechanism, the author thinks that we should focus on the establishment of the subject status of prosecutors and multiple ways of handling cases, in order to strengthen the efficiency and specify the way of taking responsibility. In the law enforcement environment, the author thinks that the procuratorial organization should deal with the relationship with governments, the party and National People’s Congress, and pay more attention to the influence of social public opinion about its credibility. In order to improve the consciousness of citizens of the trust, the author mainly focus on two aspects: the increasing of consciousness of standard enforcement, and the protecting of procedural justice and human rights, and on this basis, to enhance the awareness of citizens to trust in law enforcement.
Keywords/Search Tags:the Credibility of Law Enforcement, ProcuratorialOrganization, Elements, the Paths of Ascension
PDF Full Text Request
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