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On Means Of Supervision Over Criminal Actions Of The People’s Prosecutorial Office

Posted on:2016-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:L Y ZhuFull Text:PDF
GTID:2296330464474837Subject:Procedural Law
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People’s Prosecutorial Office is the supervisory authority of the law, its duties include the investigation and prevention of crimes, the reviewing and prosecution of the litigious activities of legal supervision. Granted by the Constitution, legal supervision of the criminal procedures is exclusive to the People’s Prosecutorial Office, and is based upon the nature of the People’s Prosecutorial Office and its significance in national institutions. The means of supervision over criminal actions of the People’s Prosecutorial Office is an important part of the whole system of supervision, of which the specific targets are the nation organs exercising the state power of investigation, trial and execution. The mode of supervision is the combination of action and means to supervise these targets. Currently, the means of supervision is of many different kinds, including both legal means and the ones developed in the process of judicial practice. There are both means of general supervision and ones that particularly fit some cases. The "Law of criminal procedures", which was revised in 2012, diversifies the means of supervision over criminal actions of the People’s Prosecutorial Office, thus progress has been seen in lessening the long-lasting constraints from institutional and structural obstacles in the process of supervision, yet many problems still remain. This paper will research the combination of extraterritorial prosecution and criminal litigation supervision approaches, focusing on the problems and possible solutions in the means of Criminal Supervision of People’s Prosecutorial Office, hoping to benefit the means of supervision of the People’s Prosecutorial Office.The article is divided into four parts:The first part of the general legal principle People’s Prosecutorial Office of the Criminal Supervision. Criminal Procedure and methods of supervision refers specifically to the People’s Prosecutorial Office as the supervising authority of the country in the course of fulfilling its oversight functions in the proceedings in order to ensure correct implementation of a uniform law, combat crime and accurate, effective protection of human rights, for litigation discovery process The violations methods and forms of supervision. People’s Prosecutorial Office of the Criminal systematic methods of supervision, legal and authority, initiative and diversity, and to supervise the means classified. These are the theoretical basis of the People’s Prosecutorial Office of the Criminal Supervision.The second part of the study extraterritorial prosecution of criminal proceedings methods of supervision. The effects of the prosecution in criminal proceedings with a typical reference methods of supervision of France, Germany, Japan, Italy and other civil law countries, the evaluation of its advanced system analysis. Learn from the experience and practices outside, improve the people’s Prosecutorial Office supervision of the means criminal proceedings should be clear in the law applicable conditions, the rational allocation of supervisory methods and types, to achieve its systematic, hierarchical.The third part of the People’s Prosecutorial Office of the Criminal Supervision status quo approach and problems. First, the current situation of the People’s Prosecutorial Office of the Criminal Supervision means suggestive methods of supervision, supervision status quo correct means, punitive methods of supervision to sort out the status quo. Second, identify the problem. Mainly in:People’s Prosecutorial Office of the Criminal targeted manner suggestive of weak supervision, the People’s Prosecutorial Office of the Criminal means to correct the lack of oversight legally binding, the People’s Prosecutorial Office of the Criminal sanctions oversight means difficult to arouse effective legal consequences.The fourth part, perfect proposal People’s Prosecutorial Office of the Criminal Supervision. People’s Prosecutorial Office of the Criminal methods of supervision from the following aspects to improve:People’s Prosecutorial Office of the Criminal Prosecutor recommends methods of supervision, the People’s Prosecutorial Office of the Criminal checks opinions methods of supervision, the People’s Prosecutorial Office filed a criminal lawsuit, Withdrawn methods of supervision, the People’s Prosecutorial Office of the Criminal Procedural System Supervision means People’s Prosecutorial Office of the Criminal rectify illegal methods of supervision, the establishment of criminal pursuit system for monitoring methods.
Keywords/Search Tags:People’s Prosecutorial Office, criminal proceedings, main mode of supervision
PDF Full Text Request
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