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Study On Chinese Procuratorial Organs’ Participation In Public Policy Process

Posted on:2015-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y J JiaFull Text:PDF
GTID:2296330467462616Subject:Public Management
Abstract/Summary:PDF Full Text Request
Currently, China has preliminarily constructed the theoretical system of procuratorial science. At presents, procuratorial science belongs to the scope of jurisprudence and is a compound legal interdiscipline (the compound of jurisprudence and the contents of many other disciplines or interdisciplines, which involves the compound of the some contents of public administration). This paper aims at carrying out systematical study on Chinese procuratorial organs’participation in public policy process from the perspective of constructing the compound interdiscipline of procuratorial science and science of public administration.Chapter One in this paper firstly introduces the theoretical regulation of Chinese procuratorial organs’participation in public policy process, and explores and analyzes the generalized scopes and relevant concepts of public policy process, procuratorial policy process, procuratorial activity process and public administration activity process. Chapter Two explores and analyzes the approaches in which Chinese procuratorial organs participate in public policy process in a detailed manner. This chapter elaborates the approaches in which Chinese procuratorial organs participate in public policy formulation, public policy implementation and public policy termination. This paper defines the concepts of public policy, regional public policy, procuratorial policy, regional procuratorial policy, criminal policy, public decision-making and procuratorial decision-making with generalized concepts. From generalized perspective, procuratorial policy belongs to the scope of public policy, procuratorial decision-making belongs to public decision-making, criminal policy also belongs to public policy scope. From generalized perspective, procuratorial policy process belongs to public policy process, procuratorial activity process belongs to public administration activity process; however, procuratorial activity process contains the connotations and extensions that are not contained in public policy process; while public policy process also contains some contents which are not contained in procuratorial activity process. In generalized view, public administration activity process contains both public policy process and procuratorial activity process; however, public policy process and procuratorial activity process have commonly overlapped procuratorial policy process and each has other mutually different contents. However, for public policy process and public administration activity process, the procuratorial policy process and procuratorial activity process which have the relations of being contained or overlapping, have mutually different contents or have similarities but heterogeneities can react to public policy process and public administration activity process, i.e., legal supervision on public policy process and public administration activity process. Later, this paper further elaborates the legitimacy of Chinese procuratorial organs’participation in public policy process, and carries out exploration and analysis from the perspectives of historical origin analysis, role position of socialism procuratorial system and procuratorial organs with Chinese characteristics and Chinese procuratorial organs under the view of public administration and public policy. The paper defines the position of Chinese procuratorial organs as the subject of public administration and public policy in a generalized manner, and puts forward that Chinese procuratorial organs’participation in public policy process is the realistic demand of social administration innovation. Chinese procuratorial organs formulate public policies (including national and regional public policies) by means of involving in legislative activity, proposing legal interpretation requirements, proposing activities of legality review and constitutional review as well as making judicial interpretation and other normative documents (including those classified to legal interpretations jointly made by judicial authorities and administrative organs) and typical cases (including guiding cases and regionally typical cases). This paper also stresses that Chinese procuratorial organs can formulate public policies (including national public policies and regional public policies) amid dynamic monitoring public policy process and the practice of procuratorial reform and innovation. When discussing the approaches in which Chinese procuratorial organs participate in public policy implementation, this paper mainly elaborates general approaches, procuratorial functions and the influence of internal and external supervision and restrictions of procuratorial organs on public policy implementation. The paper discusses that Chinese procuratorial organs participate in social administrative innovation and fulfill legal supervision functions during socialization of execution of punishment by taking the examples of community correction and community procuratorial work, and points out the active function of Chinese procuratorial organs in the connection mechanism of administrative law enforcement and criminal judicature. Later, the paper proposes the approaches in which Chinese procuratorial organs participate in public policy termination (the modes of public policy termination and Chinese procuratorial organs’regulating function on public policy termination). Finally, under the background that the new round of procuratorial reform in judicial reform view and administrative system reform and innovative development in public administration field have both started, Chapter Three and Chapter Four of this paper respectively elaborate the main problems and reasons existing in Chinese procuratorial organs’participation in public policy process as well as the countermeasures for reinforcing Chinese procuratorial organs’participation in public policy process (involving in related contents such as the reform and improvement of procuratorial system and procuratorial functions, judicial transparency and judicial credibility, procuratorial administration, procuratorial public relations and crisis management as well as de-administration and de-localization of judicial organs).
Keywords/Search Tags:Procuratorial organ, public policy process, public policy, procuratorial policy, regional public policy, regional procuratorial policy, procuratorial policy process, procuratorialreform, procuratorial activity process
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