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Research On Some Problems Of Chinese People’s Procuratorate Judicial Police System Under The New Situation

Posted on:2015-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhengFull Text:PDF
GTID:2296330464454463Subject:Law
Abstract/Summary:PDF Full Text Request
Our judicial police was established in 1979, is a people’s police prosecutors and collectively, is to oversee the implementation of a mandatory legal force prosecutors. "Provisional Regulations of the People’s Procuratorate of the judicial police," the Supreme People’s Procuratorate of the People’s Procuratorate issued judicial police duties were relatively simple rules, provides that the People’s Procuratorate of the judicial police to protect the People’s Procuratorate to hear the case in accordance with law to withstand the crime scene, and summoned execution summoned to assist the People’s Procuratorate to search for evidence, apprehension of fugitives, perform some coercive measures, such as responsibility. In addition, prisoners or remand the defendant’s custody and mention served legal instruments, maintenance of order and security in places where also by the People’s Procuratorate of the judicial police to complete. It can be seen, the People’s Procuratorate of the judicial police in the prosecution are generally engaged in some auxiliary work, but they are an integral part of the supervision of procuratorial work part, it is their presence, it reflects the procuratorial work the national mandatory to ensure the uniform implementation of national laws.Our generation has been the judicial police from 35 years, and after thirty years of development and change, the importance of the judicial police in the prosecution of oversight activities have been self-evident, but my country promulgated the "Organic Law of the People’s Procuratorate "and the" People’s Police Law "on China’s People’s Procuratorate of the judicial police powers are not made clear. Our judicial police can only follow where some internal normative provisions established by the prosecution to perform their duties, even established their own unique work of departments, with associated staffing regulations, but also extensively involved in the implementation of the basic handling procuratorial work, but because the state does not create a system of explicit rules, regulations and grant it a clear mandate and a reasonable system to make it work and team building aspects of construction has been greatly restricted, not only makes the work itself was edge technology, unable to better play its functional role; blurred and because of the terms of reference, the relevant system is not perfect, cause they can not determine their positions in the supervision of the basic duty on the prosecution, could not understand the rights they should have, and due obligation, not only to a certain extent contrary to the concept of the rule of law in the socialist rule of law, but also of the public authority statutory powers for the rule of law, the relevant provisions of China’s "Legislation Law" and the "People’s Police Law" also exists among serious discrepancies. This shows clearly given the legal level People’s Procuratorate of the judicial police powers to discuss a number of issues People’s Procuratorate, the judicial system in the presence of the police under the new situation, so that the judicial police law enforcement standardization has allowed the nature, status, tasks, role fully and consistent with the terms of reference, is a subject worthy of study.In this article, the application of theoretical knowledge about the law, the basic principles of Marxism and other disciplines in the understanding of basic research scholars overview and literature review on our judicial police system, is divided into five chapters of the People’s Procuratorate of the judicial police system under the new situation the problems in a more detailed study. The first chapter of the concept of justice and foreign police were combing the People’s Procuratorate in our understanding of the judicial police, the concept of the judicial police, the nature and responsibilities, while foreign judicial police have a relatively simple introduction; second chapter Under the new situation to the status quo People’s Procuratorate of the judicial police system were understanding and evaluation; third chapter from the nature and status of judicial police to perform their duties and exercise the powers issues and problems during the construction management team under the new situation of the People’s Procuratorate of Justice police system the problems were analyzed; chapter on China by comparing the system’s Procuratorate Judicial Police Practice and foreign judicial police system, reached a number of factors can learn to help improve our country’s judicial police system; From the explicit nature of the chapter and the corresponding legal status of judicial police, improve the judicial police and the strengthening of the judicial police powers to configure and manage the three aspects of team building to propose solutions to problems in the People’s Procuratorate of the judicial police regime under the New Situation. Through this paper the design, I believe that the face of social development under the new situation, the people’s procuratorate should establish and improve relevant regulations with the French judicial police, specifically its mandate, the prosecution only with practice at all levels of the judicial police work to develop a truly suitable for long-term healthy development of the judicial police system, to be able to let the judicial police posts in the prosecution to play a positive role in realizing the great dream of China’s legal construction.This article has a strong theoretical and practical significance, but I hope to have some positive impact on China’s People’s Procuratorate by the judicial police in this article some of the ideas and proposals, making the People’s Procuratorate of the judicial police have a clear position on the law, the work process can better exercise their powers and protect their personal safety, making the People’s Procuratorate of the judicial police to be further strengthened in the construction and management of the team and embarked on specialized, standardized way. In this paper, the application of theoretical knowledge about the law, the basic principles of Marxism and other disciplines in the understanding of basic research scholars overview and literature review on our judicial police system, is divided into five chapters of the People’s Procuratorate of the judicial police system under the new situation the problems in a more detailed study. The first chapter of the concept of justice and foreign police were combing the People’s Procuratorate at the same time to understand our concept of the Judicial Police of the judicial police, the nature and responsibilities of foreign judicial police have a relatively simple introduction; second chapter of People’s Procuratorate of the status quo system of judicial police carried out to understand and analyze the new situation; third chapter from the nature and status of judicial police to perform their duties and exercise the powers issues and problems during the construction management team under the new situation of the People’s Procuratorate of the judicial police the problems in the system were analyzed; chapter on China’s Procuratorate by comparing the practice of judicial police regime and foreign judicial police system, reached a number of factors that can learn, contribute to improvement of the system of judicial police; fifth From the explicit nature of the chapter and the corresponding legal status of judicial police, improve the judicial police and the strengthening of the judicial police powers to configure and manage the three aspects of team building to propose solutions to problems in the People’s Procuratorate of the judicial police regime under the New Situation. Through this paper the design, I believe that the face of social development under the new situation, the people’s procuratorate should establish and improve relevant regulations with the French judicial police, specifically its mandate, the prosecution only with practice at all levels of the judicial police work to develop a truly suitable for long-term healthy development of the judicial police system, to be able to let the judicial police posts in the prosecution to play a positive role in realizing the great dream of China’s legal construction.This article has a strong theoretical and practical significance, but I hope to have some positive impact on China’s People’s Procuratorate by the judicial police in this article some of the ideas and proposals, making the People’s Procuratorate of the judicial police have a clear position on the law, the work process can better exercise their powers and protect their personal safety, making the People’s Procuratorate of the judicial police to be further strengthened in the construction and management of the team and embarked on specialized, standardized way.
Keywords/Search Tags:new situation, judicial police, powers set, legalization, system was established
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