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On The Independence Of Prosecutors

Posted on:2015-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2296330467957648Subject:Law
Abstract/Summary:PDF Full Text Request
In short, the independent prosecutor is independent prosecutor to exercise prosecutorial power. Prosecutors independence is an important symbol of modern civilization and the rule of law content. Independent prosecutor has important significance in strengthening legal supervision of the prosecution capacity building and promotion of the state organs at all levels of administration according to law and fair administration of justice, equity and justice and the harmonious development of the whole social aspect.But in the current jurisprudence, when it comes to the issue of judicial independence, judicial and mostly concern judges and prosecutors rarely independent exercise of prosecutorial power in particular prosecutor issues discussed; in judicial practice, due to institutional and the existence of the defect mechanisms, the interference and obstruction prosecutor is not uncommon for the independent exercise of prosecutorial power, compared to police prosecutors and judges are often the most difficult in terms of handling people, prosecutors also always respected the law in constitutional status weak supervision between embarrassment.Independent prosecutor that prosecutors exercise procuratorial power independently, independent prosecutors have legitimacy. There are many problems in our country independence prosecutor, the prosecutor should be the dominant position by a statutory body, coordination,"Attorney-one" independent relationship with the prosecutor, the prosecution reform the existing management system, improve selection of new prosecutors, assessment and supervision control mechanism, and the establishment of measures to improve the security system and other aspects of the prosecutor’s office to achieve our goal of an independent prosecutor. Further clarify the independence of the prosecutor’s inevitability and necessity of understanding, from the practical to provide some suggestions and ideas from the theory of the existence of an independent prosecutor to solve our problems.Have to admit that, in the current context of society to address the independent prosecutor, not an independent judicial independence level, but only in a relatively independent of space to explore the prosecutor, the prosecutor has been termed more appropriate quasi-independent. Yet even quasi-independent, in order to achieve it, it is still long way to go. We start from a bit of work and unremitting efforts, the ultimate realization of a truly independent prosecutor. Prosecutors can only truly independent, China’s rule of law society ultimately be possible.
Keywords/Search Tags:prosecutors, independent prosecutorial power
PDF Full Text Request
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