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Empirical Study On The Criminal Jurisdiction Of Cross-administrative-division Procuratorates

Posted on:2018-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:S B YaoFull Text:PDF
GTID:2346330542968028Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays,the theme of judicial reform is to break the regional protectionism and guarantee to independently exercise procuratorial authority according to law.However,considering the current situation of China's procuratorial organs,we can find out that most of the procuratorial organs in China are set up according to administrative divisions.This way is not consistent with the goal of the reform,and can not be able to effectively guarantee the judicial justice.Therefore,the third plenary session of the 18 th CPC Central Committee proposed to explore the appropriate separation of judicial division of administrative area.The fourth plenary session of the 18 th CPC Central Committee put forward that China will build Cross-administrative-division procuratorates.Then,two Cross-administrative-division procuratorates: Third Branch of Shanghai People's procuratorate and Fourth Branch of Beijing People's procuratorate were born.During more than two years,Cross-administrative-division procuratorates have played an important role of ensuring the judicial justice.And the pilot procuratorates have made some remarkable achievements.However,it is hard to avoid any problem in the process of reform.Especially,the Cross-administrative-division procuratorates have some problems in the aspect of jurisdiction of criminal cases.These problems can not be ignored.This article is based on the jurisdiction of criminal cases of two pilot procuratorate during the past two years.Through the analysis of the samples,trying to find out some problems in the aspect of jurisdiction of criminal cases on Cross-administrative-division procuratorates.For example,the standards on criminal jurisdiction are unclear and narrow.For these problems,this article also tries to find out some ways to solve these problems from two perspectives of Cross-administrative-division procuratorates: the construction and the design of the system.At the same time,hope it can provide some valuable references for the further judicial reform.
Keywords/Search Tags:Cross-administrative-division Procuratorates, Criminal Jurisdiction, Judicial Districts, Supervision Committee
PDF Full Text Request
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