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Research Of Investigation Supervision System From Procuratorial Organs

Posted on:2018-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2336330512983963Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The investigation supervision system from procuratorial organs is an extremely crucial system in criminal proceedings,at the same time,as a significant system of power restriction,set the investigation supervision system scientifically can ensure the investigate right's normal exercise.However,there are many problems in our country's investigation supervision system at present such as system is not scientific and prefect,which leads to the weakness of supervision and formalization in judicial practice.In order to reinforce the theoretical basis of the reform of the investigation supervision system from procuratorial organs,we need to conduct an in-depth study.On the basis of discussion in theory and comparison of the civil law system and the Anglo-American law system in investigation and supervision and the analysis for existing drawback of this system,this paper proposed the relevant suggestions on the reforem direction and concrete measures for improvement to promote the beneficial effects of investigation supervision system from procuratorial organs and optimize the judicial procedure.The research of investigation supervision system from procuratorial organs started from the scope and basic content of this system.What's more,the basic issues involved in the study are described and this part sorted out the controversy from academia over the procuratorial organs' supervision and supervision system and introduced the perspectives of academics according to the controversy for this kind of system and analyzed its effects.The author wish to find out the advantages of investigation supervision system and the inspiration which can be the reference for China based on the presentation and comparison of this system between inside and outside of China.On the basis of combing the basic theory of China's investigation and supervision system,this thesis analyzed the current running situation of the investigation and supervision system of procuratorial organs in China.And discussed the specific regulations of investigation supervision system from procuratorial organs.This thesis also introduced the legislative provisions from the supervision of filing,reviewing arrest and three functions of procuratorial organs based on the analysis of the existing legal provisions.What's more,the article summarized the problems of investigation supervision system from procuratorial organs,which combined with the existing legislative provisions,judicial practice and three functions of procuratorial organs,and the existing problems were limited sources of information,narrow scope,and backward in supervision.Identifying problems and analyzing problems can lead to targeted and feasible measures.A system should follow the corresponding principles,and an impeccable t investigation supervision system should include the power balance,human rights protection and overall supervision.Under the guidance of the three principles,this paper look forward to making some suggestions and ideas on perfecting the investigation supervision system from procuratorial organs,which aiming at the drawback in this system.
Keywords/Search Tags:investigation supervision, power balance, information sharing
PDF Full Text Request
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