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The Research On The Evolution Of The Investigative Power Of The Procuratorial Organs In Modern China

Posted on:2019-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhaoFull Text:PDF
GTID:2346330542997676Subject:Legal history
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The social turmoil in the late Qing uneasiness,the Qing government in order to save the rule,change the law and order,in 1906 promulgated the "Daliyuan trial preparation",the first introduction of the procuratorial system.Prior to this,only the Imperial history system in our country was essentially different from the modern procuratorial system,and was primarily responsible for a series of administrative and judicial issues in ancient China.Despite the difficult development of the procuratorial system at that time,once this emerging thing was introduced,it was immediately brought to the attention of all sectors of the community and showed rapid growth.This article chooses the period from the late Qing Dynasty to the Nanjing National Government as a research perspective and examines how the prosecutorial organs of our country independently and independently step forward to exercise their investigative powers and becomes independent and standardized.This article focuses on the following issues;First,from the late Qing Dynasty to the Nanjing National Government,what about the legislative changes of the procuratorial organ's investigative powers;secondly,what is the change of the subject and scope of the prosecutorial powers in modern times;,What is the relationship between judicial officers and judicial police and procuratorial organs?What role do judicial organs and judicial police play in the exercise of investigative powers?Since the establishment of procuratorial system for the first time in Daliyuan Trial Compilation Law,our country perfected the relevant contents of procuratorial organs by constantly creating new laws and amending the old laws.At the beginning of the procuratorial system,only institutions were set up in the capital area.The laws and regulations were simpler and the systems were imperfect.After the development of the procuratorial system,but also the creation of "trial court at all levels of the Charter," and other new law specifies the procuratorial system of institutional arrangements,the scope of power,the right to the judicial police and other issues of scheduling.As the procuratorial system spreads rapidly in our country,its contradictions with judicial organs and judicial police also become increasingly prominent.In order to alleviate the conflict,the "Regulations on Trial Organs of Higher and Subordinate Levels" and the "Statute of the Public Prosecutor's Office on Dispatch of Judicial Police" were promulgated and the relations among themselves were adjusted.At the time of the Nanking National Government,on the basis of the existing old law,the Criminal Procedure Law of 1935 was re-amended and the procuratorial organ's power of exercise of examination strictly regulated in a more standardized language.The procuratorial organs on the investigation of the power to make the system more systematic.With the procuratorial organs in all parts of the country,the number is growing and the ranks are getting stronger and stronger.The concrete implementation of the procuratorial organ's investigative powers has also evolved.From the late Qing Dynasty,only the judicial police served as its auxiliary organ.When it came to the Nanjing National Government,the governor,mayor,police chief,police chief and others were subject to the procuratorial arrangements when necessary.The scope of the investigation has also been limited from the initial trial of the pre-trial officers to the investigation of suspects and suspects afterwards.Due to the expansion of the authority of procuratorial organs,abuse of power and infringement upon the lawful rights of citizens often occur during the investigation.Therefore,at that time,the government amended the law and strictly restricted the use of coercive measures in the prosecution investigation to safeguard human rights.The evolution of the investigative power of the procuratorial organs in modern China is closely related to the development of judicial police and judicial organs.Before the procuratorial system was introduced,the investigation and trial were all completed by the judicial organs.Therefore,at the beginning of the procuratorial system was introduced,the foundation was weak and the judiciary was often interfered with by the judiciary.In order to ensure the exercise of the investigative powers of procuratorial organs,the law should be constantly amended to expand the scope of the investigative powers of the procuratorial organs so as to reduce the interference of judicial authorities.Development to the Nanjing National Government,the review of the basic exercise of power independently of each other.At the very beginning of the introduction of the procuratorial system,the judicial police were required to submit to the dispatch of procuratorial organs.Due to the social unrest in the late Qing Dynasty and the limited power of the procuratorial organs,it was very difficult to effectively mobilize the judicial police in practice.With the expansion of the scope of investigative powers of procuratorial organs,the methods of dispatching the judicial police gradually increased.During the period of the Nanjing National Government,there was also a sense of strengthening the communication and communication between the two parties so that in practice the procuratorial organs could effectively dispatch the judicial police.In summary,the procuratorial organs,through the improvement of laws,coordination of police inspections and inspections,continue to make progress in our country and move toward independence and standardization.
Keywords/Search Tags:the procuratorial organ, power of investigation, judicial police, normalization, independence
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