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On The Empirical Research Of Procuratorial Work Supervision System

Posted on:2015-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:H X ShangFull Text:PDF
GTID:2296330467965227Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The internal supervision of procuratorial organs is a major issue forprosecutorial reform. To solve the problem of "who can supervise the supervisor",the procuratorial organs implement the judicial reform and the procuratorialsupervision and inspection system. The procuratorial supervision and inspectionsystem, a reform of the lower procuration, has made great progress after severalyears of practice.However,the interim provisions of the Supreme People’sProcuration Supervision is not specific but too principle, and in the judicialpractice, each region use different rules, different ways to reform, which result indifferent institutional settings, staffing, inspectors scope. All these affect theeffective operation of the procuratorial supervision and inspection system. Theprocuratorial supervision system needs to be unified and standardized as soon aspossible. To strengthen judicial reform, it is necessary to lay down the reformresults of the system of procuratorial supervision and inspection by law of thepeople’s Procuration. Thus the procuratorial organs of internal supervision can bebetter implemented; the proper use of procuratorial power can be safeguarded.This paper is composed of introduction and text. The text is divided into threeparts with a total of about30,000words.The first part mainly discusses the related theory of the procuratorial supervisionand inspection system. According to the Interim Provisions of the Supreme People’sProcuration Supervision, the procuratorial supervision refers that inspectiondepartments and their staff supervise and urge Object Inspector about performing theirduties, exercising their functions and powers, compliance, inspection and otheraspects of the wind inspection capacity in accordance with the laws and regulations. Ithas the independent and authoritative, comprehensive and integrity, timeliness andfield and coordination, communication characteristics. There is cross among thefunction of the procuratorial supervision and inspection system and disciplineinspection and supervision departments, the procuratorial committee office and theprosecution procedure. Thus we need to rationalize the relationship between theprocuratorial supervision and inspection system and departments with the internalsupervision restraint so that its implement can be coordinated and the correctoperation of procuratorial power can be ensured. As a practical localization ofprocuratorial reform in our country, the theory of the procuratorial supervision andinspection system is based on the theory of the balance of power theory of constraints, the consequences of sanctions theory, procuratorial system feedback theory and thetheory of fairness and efficiency. Because of different practical reforms, theprocuratorial supervision and inspection system has formed three representativeprocuratorial supervision and inspection modes. That is, the report period mode withthe discipline inspection and supervision departments as the main body; Businesssupervision model with study room or office of the procuratorial committee as themain body; And a full range of supervision mode with the procuratorial supervisionand inspection office as the main body. With the development of the system ofprocuratorial supervision and inspection, the full range of supervision mode willbecome the developing trend of procuratorial supervision and inspection system.The second part mainly discusses the status of procuratorial supervision andinspection system in the judicial practice. We take the procuratorial system ofShandong Province as an example and make a main empirical research and analysisfrom the following four aspects. One is the institutions and personnel of theprocuratorial supervision and inspection. Its main problem is unreasonablesupervision mechanism, lack of independence, inadequate staffing and un-quality. Theother is the contents and methods of procuratorial supervision and inspection. Themain problem is business supervision is not enough in the inspectors content,unidirectional inspector tendency and the lack of protection mechanism. In thesupervision mode, it focuses on the daily supervision form instead of details. Thethird is the coordination of the procuratorial supervision and inspection system andother internal supervision. The main problem is the discipline of their work amongprocuratorial departments, lack of coordination of the performance evaluationmechanism, and the relationship between other business department has not beenrationalized. The last is security mechanism of procuratorial supervision andinspection. The main problem is the perfect information technology support platformhas not been established. There is not enough safeguard measures of effect on dutyand work.The third part mainly discusses the measures to improve and construct theunified the procuratorial supervision and inspection system. We need to put forwardrelevant countermeasures and reasonable suggestions for the unification of theprocuratorial supervision and inspection system according to the problems discoveredby empirical research on the procuratorial supervision and inspection institutions andpersonnel current settings, content and way of procuratorial supervision andinspection, coordination between the procuratorial supervision and inspection systemand other supervision departments, and the security mechanism of procuratorialsupervision and inspection.
Keywords/Search Tags:The procuratorial transaction supervision, The supervision mode, Internal supervision, Safeguard mechanism, The procuratorial reform
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