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On The Selection System Of South Korean Prosecutors

Posted on:2018-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:X TanFull Text:PDF
GTID:2346330518486082Subject:International Law
Abstract/Summary:PDF Full Text Request
South Korean prosecutors in the minds of the Korean people has been the embodiment of justice,which has a dual legal status,both the administrative officials and prosecutors.South Korea's Procuratorate Department attached to the Ministry of Justice,belonging to the executive authorities,but also is responsible for investigation,prosecution,supervision and other judicial functions.The prosecutor of the Republic of Korea may decide whether the investigation of the case is initiated or not,and any department and organ must obey the orders of the prosecutor before the investigation is carried out and all actions of the judicial police shall be carried out under its command.And the prosecutor has full discretion,the case of prosecution or not depending on a thought between.The prosecutor in South Korea is divided into four levels: the Attorney General,Senior Attorney General,the Local attorney general,the Prosecutor,regardless of which level of the prosecutor can make a decision independently and not subject to superior.South Korea's prosecutor's election system has gone through the ancient budding,preliminary freeze,the formal formation and the gradual development and improvement of modern stage.From ancient times to the present in reference to France,Germany,United Kingdom of Great Britain and Northern Ireland,Japan and the United States and on the basis of national and regional systems,also according to its own situation,Korea examine their existing national conditions and laws,then formed a South Korean Special Prosecutor election system.The basic system includes the qualifications of the Korean prosecutors,appointment and removal mechanism,assessment mechanism,training mechanism,promotion mechanism,etc.The most distinctive is the "special prosecutor system." South Korea's special prosecutor is served as a very important member of the special prosecutor system in this year's Pu Gui Hui impeachment case.The prosecutor's system is expressly provided by the law,and it is South Korea in order to avoid cases involving political manipulation by senior government officials who want to evade guilt.As a feature of the Korean prosecution system,the Special Prosecutor has made great efforts for the Korean anti-corruption and anti-corruption.Meanwhile,the construction of the Korean procuratorial system has many Characteristics,such as the high threshold of the qualification of the procurator,pre-employment training,selection and appointment,the specialization of theprocuratorial organs,the relationship between the prosecutors and the police,and the supervision and control of the procuratorial power.The election of the prosecutor directly determines the quality of the prosecutor team,indirectly related to the development of the procuratorial system,and ultimately will affect the realization of judicial justice.The ultimate aim of the Korean electoral system is to take the long and to learn and study the desirable parts of the system of other countries.At the same time,according to their own national conditions,China can draw on the desirable part of the system of other countries appropriately to reform and improve the electoral system of the prosecutor in the judicial reform.
Keywords/Search Tags:South Korean prosecutors, The selected system, Special prosecutors group, Criminal justice
PDF Full Text Request
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