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Study On Investigation And Supervision Mechanism

Posted on:2019-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2416330596452189Subject:Public Security Law
Abstract/Summary:PDF Full Text Request
Since our country's procuratorates resumed their reconstruction in the 1980 s,we began to explore and study the relevant mechanisms of the community prosecution office.During this period,we have roughly gone through five stages: the establishment phase,the prosperity and development phase,the standardization phase,the stagnation phase,and the re-exploration phase.However,at any stage,the community prosecution office serves as a comprehensive agency that combines the functions of crime prevention,community corrections,legal supervision,and propaganda,and but the research about the investigation and supervision functions of the community prosecution office is a weak link.Nowadays,the reason why it is necessary to explore the investigation and supervision mechanism of the community prosecution office is that the inherent traditional investigation and supervision mechanism's weaknesses cannot be ignored.In particular,the most critical object of investigation and supervision by the procuratorial organs is the right of investigation by the public security organs.Actually,the majority of the burden is the public security grass-roots police station.The main part of public security organs that conducts criminal investigations and takes compulsory measures is the public security department.Based on this,the grassroots public prosecutor's office itself has made a mistake in the investigation and supervision of various police stations.This will notonly lead to the prosecutor's lack of timely information on investigation and supervision,but also limit the way of investigation and supervision,and the effect of supervision is unsatisfactory.The investigation and supervision mechanism of the community prosecutor's office is rooted in the grass roots and can be connected with the grass-roots police stations and other basic-level agencies.Through the establishment of a normalized mechanism for the investigation and supervision of public security organs at the grass-roots level,a virtuous cycle of investigation and supervision can be achieved.In addition,the construction of the investigation and supervision mechanism in the community prosecution office provides a convenient channel for the people to report and file complaints at the first time.This has important implications for strengthening the people's concept of the rule of law and improving the construction of the rule of law at the grassroots level.Combined with the current reality,the community prosecution office presents a variety of operating modes in the pilot process.Personally,the community prosecutor's office is inevitably required to assume a variety of functions to show a“comprehensive” nature because of its rooted nature.However,it should emphasize its “supervisory” function in particular and the inconsistency between the primary and the secondary will only lead to a significant reduction in the effectiveness of the community prosecution office.Although the author has repeatedly emphasized the advantages of the investigation and supervision mechanism in the community prosecution office,it is undeniable that in the process of its construction,it is still faced with numerous obstacles such as insufficient legal basis,inaccurate positioning of functions,lack of internal relations,and inadequate supporting mechanisms.For this purpose,The author considers from many angles to give some suggestions about how to improve the prosecution office's recommendations on the investigation and supervision mechanism,such as strengthening relevant legislation to fight for legal authorization,clarifying the functional focus,clarifying the responsibilities for investigative supervision between the community prosecution office and the internal departments of the basic level procuratorates,strengthening the financial and staffing support and so on.
Keywords/Search Tags:Community Prosecution, Investigation supervision, Operating mechanism, Functional positioning
PDF Full Text Request
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