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A Study On The Problems In The Supervisory Power Of Criminal Litigation Of The Public Prosecution Department Of The Procuratorial Organ

Posted on:2019-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:X Y TangFull Text:PDF
GTID:2416330572463074Subject:Law
Abstract/Summary:PDF Full Text Request
In our country,the constitution gives the people's procuratorate the legal supervision power,so the people's procuratorate is the legal supervision organ of the state.In terms of the content of legal supervision,the people's Procuratorate exercises legal supervision over criminal proceedings according to law,and whether criminal cases can be handled fairly and impartially,and whether the parties concerned in the case can be satisfied,And the procuratorial organs of the supervision of criminal proceedings in place,the relationship between the two is very close.The prosecution department of the procuratorial organ also has the function of supervising the criminal procedure while exercising the function of litigation.The function of the supervision of the criminal procedure is mainly to supervise the investigation activities of the investigative organ and the trial activity of the judicial organ.In legal practice,procuratorial organs pay more and more attention to the supervision of criminal proceedings.However,due to the fact that the procuratorial departments of procuratorial organs exercise the supervisory power of criminal proceedings in more and more complicated situations,the ability of the public prosecutors who undertake the cases,There are many reasons such as supervision consciousness and the uncooperation of the supervised object,so there are a series of problems when it is applicable,which leads to the insufficient supervision of the procuratorial organs,the lack of supervision,and the poor effect of the supervision.Only by solving the problems existing in the process of the procuratorial prosecution department exercising the supervisory power of criminal procedure can the procuratorial organ's litigation function be effectively brought into play so as to ensure the normal operation of the judiciary and safeguard the judicial justice.Taking the public prosecution department of the basic procuratorate as a case,this paper combs the applicable situation and the applicable way of the procuratorial department of the procuratorial organ when exercising the supervisory power of criminal procedure,and makes a relatively complete summary to it;This paper points out the various problems which are easy to appear in the process of legal practice,which result in insufficient supervision and poor supervision effect,and analyzes the causes of the problems one by one.Combined with the actual situation,some feasible and in line with the work mechanism of procuratorial organs are put forward.
Keywords/Search Tags:Procuratorial organ, Public prosecution department, Criminal procedure supervision
PDF Full Text Request
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