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A Constitutional Study On The Optimization Of The Function Of Procuratorial Organs In The New Era

Posted on:2020-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:F J DengFull Text:PDF
GTID:2416330575989084Subject:Law
Abstract/Summary:PDF Full Text Request
The national supervision system reform and the judicial system reform have triggered the biggest adjustment since the restoration of the procuratorial system.The two reforms have been carried out simultaneously in the process of advancing the rule of law,which has had a major impact on the procuratorial function.The procuratorial organs have once again been pushed to major reforms.The gateway.In jurisprudence,the right to investigate crimes of duty crimes is not the legal supervision power in the typical sense,but in practice it is the main business of the procuratorial organs,and it is regarded as the"fist" of the procuratorial organs.The legal supervision function has become a sideline business.The supervision system reform transferred the duty of investigating crimes to the State Supervision Commission,and adjusted the operational mechanism of the procuratorial power,so that the procuratorial organs regained the position of the legal supervision organs in the constitution,and the legal supervision function of the procuratorial organs will be reconstructed.This article uses the basic principles of constitutional law,taking the current monitoring system reform and judicial system reform as the cut-off,and analyzes the challenges and opportunities facing the procuratorial organs.Return to the constitutional standard of the procuratorate and discuss the adjustment and optimization of the functions of the procuratorate in the new era.With the support of legal theory,the relevant legal viewpoints,ideas,and theories are traced and interpreted historically,and the ideological origin and legal basis of the procuratorial system are clarified.Taking the reality as a consideration,the predicament faced by the procuratorate in the reform is discussed and returned to the constitution of the procuratorate.Positioning,in-depth analysis of its power attributes;problem-oriented,analyze how the procuratorate needs to adjust the focus of work and optimize the functions of relevant institutions,in order to better play the role of legal supervision,and propose countermeasures to solve the problem.
Keywords/Search Tags:Monitoring system reform, Judicial reform, Procuratorate, Functional optimization
PDF Full Text Request
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