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Improvement Of The Prosecutorial Power Of Internal Supervision Mechanism

Posted on:2016-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:M C ShiFull Text:PDF
GTID:2296330461990729Subject:Law
Abstract/Summary:PDF Full Text Request
Chinese prosecutors are legal supervision authority of the Constitution and the law, China’s procuratorial power is a power law-based legal and constitutional oversight functions of the natural prosecution conferred. According to the theory checks and balances of power, "absolute power will inevitably lead to corruption." Who is watching the watchers, has become a problem in recent years, the prosecution must face. The supervisory prosecutors, not just rely on external supervision, including supervision of the Communist Party of China, the National People’s Congress, the government, the people’s courts and the Public Security Bureau, the media and public opinion, but also rely on the prosecution’s own internal supervision mechanisms, so-called "internal movement of things the source of power, it provides the basic trends and the development of the movement of things"," blacksmith need its own hardware."Procuratorial organs of internal oversight, monitoring system began in the Qin Dynasty, Qin dynasties along home after monitoring agency, have been regarded as the rule of imperial rule Officials of a model. The monitoring system has been further developed in the Tang Dynasty Imperial system, at that time also made considerable effect. Procuratorial system in China in the modern sense, is to follow the example of the late Qing Dynasty established the Western countries. However, with the continuous development of the times, the internal supervision of the complexity of social pluralism, prosecutorial power increasingly present formal trend. Therefore, the prosecution should take effective measures to strengthen internal supervision of prosecutorial power, change formalized superficial phenomenon, promote internal supervision work to achieve new results, in order to ensure that the prosecution in improving their own purification, Enhancing versatile, foreign respond to new expectations of the people, strengthen legal supervision.Party Fourth Plenary Session of the eighth through the "CPC Central Committee decided to advance the rule of law on the overall number of major issues," clearly and comprehensively promote the rule of law and the major task of the judiciary is an important part of the rule of law, the judicial power of prosecutorial power as a species, the prosecution as one of the judiciary, the rule of law in promoting comprehensive, promoting the rule of law in a socialist country, has an important role to strengthen the internal control construction supervision mechanism prosecutorial power, is an urgent need to study and solve problems. In the procuratorial organs at all levels to strengthen their internal oversight of the process, often encounter too formal administrative supervision, inadequate supervision, the role of the Review Committee of the phenomenon can not be fully realized among departments, therefore, in order to ensure the prosecution effectiveness of internal oversight, it should strengthen supervision self portrait and landscape efforts to achieve self-supervision organs of internal oversight investigators focus shifted to specific processes to achieve the statutory supervisory bodies of oversight activities program, ensuring proper exercise of prosecutorial power.
Keywords/Search Tags:Prosecutorial power, internal supervision, supervision vertical, horizontal supervision
PDF Full Text Request
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