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The Construction Of The New Prosecutorial Relations Under The Litigation System With Judicature As The Center

Posted on:2019-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:M G ShangFull Text:PDF
GTID:2416330566472466Subject:Law
Abstract/Summary:PDF Full Text Request
Under the background of the trial-centered litigation system reform,the reunderstanding of the relationship between prosecutors and the re-positioning of prosecutors and lawyers in the criminal proceedings is of crucial importance in advancing the smooth development of the criminal litigation system and realizing the modern civilization of the rule of law.The significance.The so-called “new type of prosecution relations” under the trial center litigation system refers to the normal and reasonable performance of lawyers' supervision functions under the guidance of the principle of full attention to the protection of human rights and the balance of power under the realistic context of the trial center litigation system.The expansion of litigation rights and orderly guarantees are based on the supervision,cooperation,and confrontation between new prosecution laws,which are formed by the pros and cons of lawyers and defense lawyers being increasingly narrow and the prosecutorial status being relatively equal.The orientation of the new type of prosecution relations is mainly reflected in the following three levels.The first level is the supervision and supervision relationship between the prosecutors;the second level is the limited cooperation and rational confrontation between prosecutions;The level is to work together to promote the formation and development of the legal professional community.This article is divided into five parts.The first part is the introduction.The main content includes the research background,research significance,research status,research ideas and research methods.The second part introduces the connotation and significance of trial-centered litigation system.First,it introduces the connotation of trial-centered litigation system;secondly,it analyzes the necessity of trial-centered litigation system reform;once again analyzes the advancement of trial-centeredness as the center.The significance and requirements of the litigation system reform.The third part analyzes the status quo of China's current prosecution relations and the new criminal procedure law guarantees lawyers' right to practice.The fourth part analyzes the orientation and connotation of the new prosecution relations under the trial-centered litigation system and the obstacles to the construction of new prosecution relations.The fifth part analyzes the main ways to build a new type of prosecution relationship from the aspects of establishing and improving the communication mechanism of prosecution,constructing the mechanism of prosecution and participation in criminal litigation,building the contradiction of prosecution laws,and multi-subjective punishment mechanism.
Keywords/Search Tags:trial center, prosecutors, lawyers, prosecution relations
PDF Full Text Request
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