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Study Of Supervision Inspection System In China

Posted on:2020-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:S S XiaoFull Text:PDF
GTID:2416330572494262Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The patrol and inspection system of the supervisory office is one of the ways of criminal execution of inspections.This concept was first clarified on Opinions in February 2012 by the Procuratorial Department of the Supreme People's Procuratorate.The patrol and inspection system of the supervisory office is unique with China characteristic and its practice is in good condition.However,it is undeniable that the system still has inherent disadvantages such as easy flow in form and unclear inspection results etc..Therefore,By analyzing the system from the two aspects-norms and practices,This paper summarizes the establishment background and major achievements,and analyzes the problems in the operation of the system.Finally,the author is trying to put forward specific measures to improve the system,in order to make a significant development of the inspection system in our country.In addition to the Introduction,this paper is divided into four parts,and the full text is more than 30,000 words.The first part is about the realistic reason for the emergence of the patrol and inspection system of the supervisory office.Firstly,the need of protecting the human rights of detainees and prisoners.The patrol and inspection system further promotes the construction of the human rights of domestic detainees and prisoners.Meanwhile,it is also a response to the content of respecting and protecting the basic human rights of prisoners in the newly revised UN Standard Minimum Rules for the Treatment of Prisoners(also known as the Mandela Rules)in 2015.Secondly,the need of improving the supervision ways.The patrol and inspection is an important remedy for the defects existing in the accredited inspection and circuit inspection,but it is not an alternative solution to the accredited inspection.Finally,the need of improving internal and external supervision.The establishment of the patrol and inspection system of the supervisory office is conducive to the internal supervision by giving full play to the advantages of the integration of procuratorial work.At the same time,the addition of the people's congresses,CPPCC committees,people's supervisors and other social supervision forces further strengthens the external supervision.The second part is about the obtained historical achievements of the patrol and inspection system of the supervisory office in China.Mainly includes the achievements in norms and practices.In terms of norms,in addition to the Opinions,the SPP has repeatedly refined the patrol and inspection system through judicial interpretation,standardized the patrol and inspection methods,optimized the composition of the patrol and inspection team,and defined the time characteristics of patrol and inspection work.In terms of practice,since the establishment of the patrol and inspection system of the Supervisory Office in 2012,patrol and inspection has been carried out from the SPP to the provincial and municipal procuratorates.Some problems in the execution of criminal penalties and supervision and law enforcement were discovered and corrected,and further standardized the supervision and law enforcement,and strengthened the construction of accredited inspection institutions.The third part is about the problems existing in the patrol and inspection system of the supervisory office in China.First of all,the potency of the relevant norms of the patrol and inspection is relatively low,and only scattered in other documents,which leads to not maximizing its role.Then,the lag of existing norms.The functions expansion of the criminal execution procuratorial departments require the expansion of the scope of patrol and inspection.Again,the program of the patrol and inspection is not perfect enough.A complete patrol and inspection should include the preparation before patrol,the inspect and examine program during the patrol,and the result reports conformity program after the patrol.However in terms of practice,this procedure is always lack.Finally,the results of the patrol and inspection are not opened,thus leading to inadequate supervision.The fourth part is about the perfection of the patrol and inspection system of the supervisory office in China.On the basis of the above researches,five assumptions have been proposed.Firstly,we should raise the standard level of the patrol and inspection system,adding the special provisions on patrol and inspection in the Organization Law of the People's Procuratorates and the Prison Law.Secondly,expanded the scope of the current patrol and inspection to all regulatory sites,including detention centers,drug rehabilitation centers,and places of compulsory medical treatment for mental illness.Thirdly,scientifically setting up the procedures for the patrol and inspection of the supervisory office.It is necessary to recognize that the characteristics of the non-predictive nature of the patrol inspection and do the necessary of sudden patrol inspections.At the same time,establishing a fixed patrol and inspection procedure,and strengthen the patrol and inspection to "look back" and improve the protection of the patrol and inspections' rights.Fourthly,disclosed the result reports of the patrol and inspection of the supervisory office.The patrol inspection reports should be regarded as an inevitable procedure for patrol and inspection,and should be disclosed in an appropriate situation,giving the procuratorate a legal effect on prosecutorial recommendation and correcting the violation notice.Fifthly,clarify the selection of members of the patrol and inspection team.Prison law enforcement supervisors will be included in the selection scope,and the proportion of men and women among the patrol and inspection group will be determined according to the principle of equality between men and women and the principle of non-discrimination.
Keywords/Search Tags:Supervisory Office, Patrol and Inspection, Problems, Countermeasures
PDF Full Text Request
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