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Study On The Legal Supervision Function Of Procuratorial Organs

Posted on:2020-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:M J ZhuFull Text:PDF
GTID:2416330575492595Subject:Law
Abstract/Summary:PDF Full Text Request
In order to promote the comprehensive and strict governance of the party,the reform of the state supervision system has been carried out at the national level within the judicial system,and the functional departments of procuratorial organs for job-related crimes and the prevention departments have been put into the newly established supervisory commission.The development of this reform has greatly changed the function of the procuratorial organs.Whether the procuratorial organs are still the legal supervision organs of the state has aroused wide discussion.To comprehensively promote the rule of law,procuratorial organs need to supervise the operation of laws to ensure the correct operation of laws.Therefore,it is necessary to adjust the focus of legal supervision to meet the needs of reform,which provides an opportunity for procuratorial organs to strengthen the function of legal supervision.In the context of the new era,the position of the procuratorial organ as the legal supervision organ in the constitution cannot be changed at any time.In order to adapt to the development of reform,it is necessary to clarify the functions of procuratorial organs.Before the reform of the judicial system,there were many problems in the operation of procuratorial functions.Procuratorial supervision was lack of rigidity.The establishment of institutions is not scientific,the lack of specialized departments to supervise the operation of the law,the supervision supporting mechanism is not sound,the legal supervision efficiency is low,the development of civil supervision,administrative supervision,public interest litigation is not sufficient,not to the legal supervision supervisor should have the supervision effect;The low level of application of information technology weakens the function of legal supervision,especially the separation of the function of arrest and public prosecution does not adapt to the fact that there are too many people and too few cases of procuratorial work at present.The repetitive labor of procuratorial resources is not conducive to the improvement of supervision efficiency,and the desired supervision effect has not been brought into play.These problems seriously restrict the transformation development of procuratorial organs,to take active measures to solve the problem of the procuratorial supervision and the lack of a rigid,while strengthen the legal supervision rigid,but also in good to implement existing functions under the premise of broadening the supervision function of procuratorial organs,the public interest litigation,perfect the running system of prosecution right,to strengthen the civil procuratorial work,since the ability of administrative prosecutionand the public interest litigation.Procuratorial organs should perform the duties given by law,promote the reform of internal organs,explore new ways of handling cases,enhance the ability of legal supervision,and maintain the authority of constitution and law.Vigorously promote the construction of intelligence inspection so as to facilitate the realization of procuratorial supervision function.To strengthen the procuratorial legal supervision,actively expand supervisory functions in addition to the judicial practice,deal with all kinds of supervision status of experience,in the lawsuit system reform and the opportunity for the reform of the specific combination,enhance its prosecutors discretion in the process of supervision and litigation,strengthening procuratorial organs of the legal supervision ability,earnestly fulfill their legal supervision function of procuratorial organs.
Keywords/Search Tags:procuratorial supervision, rigid supervision, function adjustment, public interest litigation
PDF Full Text Request
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