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Improvement Research On The Relation Between Criminal Investigation And Procuratorial Work As Angle Centered On Trial

Posted on:2017-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:C R CaiFull Text:PDF
GTID:2336330512952479Subject:Law
Abstract/Summary:PDF Full Text Request
On trial, emphasis on criminal procedure for trial center, unified certificate standard, but is not involved in the current criminal lawsuit pattern of our country's reconstruction. Criminal judicial practice for a long time, detection mode detection function and discrete restricted procuratorial functions misallocation, disadvantages such as "investigation center doctrine", it is difficult to adapt to the trial of lawsuit system reform required, relation between criminal investigation and procuratorial work needs to be improved. To build new relation between criminal investigation and procuratorial work of procuratorial work guiding investigation, aims to improve, unified standard of litigation procedures before trial, prosecutors and the benign interaction between the investigation organ, ensure obedience serves the trial procedures before trial. Through the establishment of a sound system of related mechanism, strive to prevent indictment is wanton, really done impartially, push the procuratorial organs can effective supervision and restriction, and guide the investigation organ.Besides preface and conclusion, the first part, the paper through the comparative study, clarify the current relationship between criminal investigation and procuratorial work belongs to the division between criminal investigation and procuratorial work, restricting mode, detection authority division of labor responsibility, cooperate with each other and restrict each other. Mainly due to punishing crime and protecting human rights, however, difficult to juggle, the investigation organ lacks strong supervision and high quality of litigation guidance, discrete restriction relationship between criminal investigation and procuratorial work is difficult to adapt to trial centered lawsuit system reform required that needs to be improved.The second part, this paper has the ductility to the meaning of trial as the center. At present, all trial centered criminal procedure, must ensure that the trial play a decisive role. Optimizing the allocation of criminal judicial authority, pre-trial procedures need to pass judgment and inspection, implement the rules of functions and powers of investigation, prosecution and trial functions and powers. Improved relations between criminal investigation and procuratorial work, the general direction from division between criminal investigation and procuratorial work mode to the procuratorial work guiding investigation mode transition.Based on the above analysis, the paper third part proposed the relation between criminal investigation and procuratorial work, improved solution - pattern procuratorial work guiding investigation. Trial centered lawsuit system reform, although does not alter the criminal procedural legal status of the organs of procuratorial work, however, there is no doubt that "strong inspection system mapping" is in. A series of system mechanism design, aims to enrich the procuratorial to restrain investigating, make the procuratorial organs own real timely, dynamically and rigid legal supervision authority, reversed transmission law enforcement investigation organ specification, improve the investigation procedure standard, ensure working quality stand trial test.
Keywords/Search Tags:procuratorial organ, investigation organ, centered on trial
PDF Full Text Request
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