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Research On The Mechanism Of Cases Of Major Procuratorial Supervision

Posted on:2019-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:X XiongFull Text:PDF
GTID:2416330548452983Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The People's procuratorate is the legal supervision authority of constitution in our country,in the criminal lawsuit under the function of procuratorial supervision.But affected by many factors,has long been the procuratorial supervision in the idea of supervision,supervision mechanism,supervision ability and effect of supervision and the system design goal there is still a large gap.Due to the influence of traditional factors,a powerful indictment cause investigation supervision in China is facing a dilemma is the most prominent,many problems of the procuratorial supervision has been concentrated on the investigation supervision.Therefore,this article from the perspective of strengthening procuratorial supervision,in the perspective of investigation supervision.This article about investigation supervision is refers to the special supervision of investigation [investigation supervision legislation in our country,there is no clear rules,this paper comprehensive understanding of investigation supervision and academic field and practice field found that there are two broad and narrow definition.A broad investigation supervision is the supervision of the whole criminal investigation work,in addition to the special supervision of investigation includes the supervision of examination and prosecution.Narrow investigation supervision refers to initiate an activity,the supervision of investigation activities,and through the review of arrest for the supervision of the investigation organ arrests.Based on the special investigation supervision as the breakthrough point,based on the scope of the work of investigation supervision department,in which the supervision of filing and investigation activities as the research object,discuss major matters of procuratorial supervision case the conduction mechanism of the building.The same below.],namely the current scope of work,based on the investigation supervision departments to discuss major matters of supervision case filing and investigation activities in the mode of transformation.At present,the investigation supervision is the work pattern of one body two wings ",in case to deal with the basic working mode is a kind of "business model",presents the investigation supervision activities attached to examine arrest,investigation supervision procedures lack of normative,investigation supervision effects,the lack of rigidity characteristics on current working model need to be rich,perfect and even refactoring.Because the proposition is still in its pilot stage,therefore,in this paper,based on the investigation supervision,the present situation of the working mode,focuses on the practice of the pilot's procuratorate,discuss major matters of procuratorial supervision case conduction mechanism construction.This article is divided into four parts.The first part briefly in this paper,the outstanding problems existing in the current investigation supervision mode.Based on the current procuratorial supervision,especially on the basis of current situation of investigation supervision objective description,found that investigation supervision,presents a kind of "business model",the characteristics of existing investigation supervision activities attached to review the arrest,investigation supervision procedures lack of standardization,investigation supervision,lack of rigid three prominent problems,so even it is necessary to reform the refactoring.The second part inspects major cases of the procuratorial supervision items to build the necessity and feasibility of conduction mechanism.Due to the outstanding problems existing in the current management mode,from the perspective of strengthening procuratorial supervision,based on the supervision matters dealt with in accepts the official conclusion,process standardization,explicit meaning,it is necessary to explore the major cases of the procuratorial supervision matters the conduction mechanism of transformation.Secondly,to deal with the nature of the case is with the aid of the concept of criminal case,methods,steps,to the introduction of the criminal case handling process to supervise the handling process,make the supervision items for object,process more standardized,more prominent conclusion more clarity.So this article of case lawsuit significance is not really a case of "case" are discussed in this paper,the investigation to verify,process,results,etc.,are all in the existing laws and procedures within the framework of the reasonable assumptions,not another create a new process,is compatible with the existing laws and systems,have the feasibility.The third part for the construction of major matters of procuratorial supervision case conduction mechanism of implementation path to basic ideas.Combining with the above mentioned cases to deal with the potential obstacles,further to determine the range of major supervision issues,establish case handling personnel and mechanism,standardize the case handling process,gives the means of supervision and investigation,establish and perfect the supervision of audit mechanism,put forward specific countermeasures.The fourth part is the third part is the case the conduction mechanism of constructing perfect,discusses corresponding supporting collaboration system.This part based on theconstruction of major matters of procuratorial supervision case the basic route of conduction mechanism,and further analyze the path,the case is dealt with to be equipped with and perfect related cooperation mechanisms,including a modest increase in staffing,change supervision and evaluation mode,make fit case to handle the process of information platform,designed to reduce major cases of the procuratorial supervision items build the conduction mechanism of the external resistance.
Keywords/Search Tags:investigation supervision, Matters of major procuratorial supervision, The case, The mechanism for handling the case
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