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The Influence Of Case Centralized Management Mechanism Of Procuratorial Organs On The Right To Defense Of Lawyer

Posted on:2015-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:X L XuFull Text:PDF
GTID:2296330467465468Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
At present, the procuratorial organs at all levels according to the procuratorialbusiness,carry out the procuratorial work on the reform and innovation of system in aplanned way, the mode of case centralized management is the result of theprocuratorial organs to strengthen the reform of case management mode in suchsituation.Therefore, the procuratorial organs at all levels have been established or areestablishing independent case management as a case of integrated managementmechanism.At the same time, along with the increased number of provisions of2012amendments to the "Criminal Procedure Law" to strengthen the accused and the rightsof defenders’ protection, in order to realize the fight against crime and the protectionof human right.Therefore,the case management department also gradually expandedto provide query and service reception, unified defense lawyers, especially on defenselawyers to practice in accordance with the law of security work.The main content ofthis paper is the centralized management mode.Then it proposes the correspondingimprovement suggestions, in order to achieve the innovation mechanism of casemanagement expectations on the legal practice of rights protection.In addition to the introduction and conclusion, the text consists of four parts,about thirty thousand words.The first part is an overview of the cases of centralized management mode.Thispart mainly consists of two parts: One is the necessity to implement case centralizedmanagement mode, the main disadvantage of the traditional "double track system"management are analyzed in detail;The two is the embodiment of case managementmodel, mainly in the uniform case entrance, strengthen process supervision andconstruction of case assessment, analysis of mechanism, strengthen the case qualitycontrol etc.The second part is the positive role of the prosecution of cases the centralizedmanagement mode of the lawyer’s right.Specifically manifested in the following threeaspects:On the one hand, it is conducive to the protection of lawyers;Second, createthe communication platform;Thirdly, provide the judicial relief way.The third part case centralized management mode for lawyers to defend the rightof security problems.The author passes investigation and study on the part of the prosecution of cases in C.So far, case management department in the lawyer’s rightsafeguard mainly exist the following problems:Positioning case managementmechanism, a clear understanding of the ambiguous function;In the aspect of lawsafeguard of the right to defense and other departments of communication block, arenot yet to establish the corresponding mechanism of convergence;The lack of defenselawyer feedback mechanism;The judicial relief effect is not obvious.The fourth part is put forward to improve case management suggestions relatedto the lawyer’s right safeguard aspect.If you want to make the case to the centralizedmanagement mode to play its due role in the protection of the legal practice, must aimat the difficulties and problems which exist at present, put forward the correspondingsolution.First,Positioning itself for case management departments, functions to beclear;Second, in the case management department and other departments on the issueof the lack of appropriate coordination mechanism,and case management departmentsshould take the initiative to strengthen the coordination,communication andcoordination mechanisms with relevant departments to create a good environment andconditions;Third,we must smooth lawyer feed back mechanisms;Fourth,regulatorycounsel complaint handling procedures, in order to protect the rights of lawyers relief.
Keywords/Search Tags:Procuratorial organs, Case management, Lawyers, Right ofdefense
PDF Full Text Request
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