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Power Division Under The Perspective Of Study Of Contemporary Chinese Procuratorial Authority Status

Posted on:2016-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:G L XuFull Text:PDF
GTID:2296330461999568Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the deepening of the procuratorial system reform in our country, Chinese scholars have different theories on procuratorial cognitive and great differences, form diverse views from different angles to show us the all aspects of China’s procuratorial authority, this to us a comprehensive understanding of this power is very good, different Angle of view behind the differences, however, did not get the attention they deserve.Procuratorial authority of our country is a not attached to the other powers of state power is still controversial, comprehensive investigation of western capitalist countries and the former Soviet union and modern Russian prosecution trajectory, the author believes that a country’s power to divide the pattern determines whether the country’s prosecutorial power can exist independently, which is also starting point and theoretical basis of this study.Specifically, first of all, the first chapter through to the different status of procuratorial power division mode, it is concluded that different country has different status of procuratorial authority, not the same model is available for other countries to transplant but only in our country to seek the reasonable position of prosecutorial power division mode.Second chapter three status of procuratorial authority in China has the empirical and theoretical investigation, concluded from the point of historical development and theoretical basis, China’s procuratorial authority is an independent state power; However, with the deepening of theoretical research, "procuratorial administration says" the viewpoint of prosecution should be included in the administrative power is a challenge for the empirical and theoretical understanding. "Procuratorial administration" has certain rationality, but ignored the mode of power division in our country; Although some scholars to recognize China’s procuratorial authority is an independent state power, but due to legal supervision,but the legal supervision cannot become the power for power with other countries, it’s just a function of procuratorial authority, not to confuse the two.
Keywords/Search Tags:power division, separation of the three powers, more than one yuan set, the procuratorial authority
PDF Full Text Request
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