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Investigation And Research On The Review System Of Detention Necessity In People's Procuratorate Of W District, G

Posted on:2020-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:W J ZhaoFull Text:PDF
GTID:2416330596984641Subject:legal
Abstract/Summary:PDF Full Text Request
Legislators have incorporated respect for and protection of human rights into general principles after the revision of the Criminal Procedure Law in 2012,and made a legal confirmation about the necessity examination system of detention.The establishment of this system is to guarantee the criminal suspects personal freedom from infringement.However,the legal regulations are too general and lead to many problems and difficulties in the operation process.After The Supreme People's Procuratorate successively issued Provisions of People's Procuratorate for Handing the Necessity of Custody Examination(Trial)and Guiding Opinions of the Provisions of People's Procuratorate for Handing the Necessity of Custody Examination(Trial)in 2016,some problems that have been criticized by the academic circles have been solved to some extent,which especially clear the subject of the review and refined the actual operation.All these have laid a good foundation for the standardization and systematization of this system.However,the system still has regrettable places in the actual operation process.The article collates and analyzes the relevant data on the review of the review of the necessity of detention of W district people's procuratorate,G from 2015 to June 2018,and combines with existing laws,introduces the actual situation and reasons of the necessity of custody review in W district people's procuratorate,to find out the problems of the system and give reasonable advices to fit the reality.The paper is divided into four parts except literature review and introduction:The first part introduces the basic situation of the necessity review of the people's procuratorate in W district,G.This chapter first states the reasons for choosing W district people's procuratorate as the research point.For example,the selection of the W district people's procuratorate is due to the fact that the number of cases handled by the hospital and the number of cases handled by criminal cases are the first in the province,the contradiction of fewer personnel and more cases has been prominent.It's easier to find some representative questions to select it as a research point.Secondly,the paper succinctly explains the research and research methods.The second part organizes and analyzes the data of the necessity review of the people's procuratorate in W district.Getting relevant data based on research about on the review of the review of the necessity of detention of W district people's procuratorate,G from 2015 to June 2018.These data provide favorable data support for the current problems in the operation of the custody necessity review system and provide data support for subsequent improvements.The thirdly part introduces the problems and reasons for the he custody necessity review system of the people's procuratorate in W district.Through the statistics and analysis of the data,combined with the problems found during the investigation,the existing problems concerning the review of the necessity of detention in the W district people's procuratorate are comprehensively summarized,and combined with the current law,analyzing the specific reasons for the problem of the necessity of censorship in the W district people's procuratorate in judicial practice.The forth part is to put forward corresponding suggestions for the problems and reasons for the necessity review of the people's procuratorate of the W district.Through the analysis of effective survey data,combined with the actual situation of the W district,some feasible suggestions for the problems raised by the author.Specifically,it includes: obtaining the source of the case from various channels,improving the censorship necessity review mechanism from various aspects,changing the outdated concepts of the case handlers,facing the issues related to necessity examination system of detention with a positive and positive attitude and strengthening the coordination between the review subject and departments.
Keywords/Search Tags:necessity examination system of detention, protection of human rights, the people's procuratorate, suggestions
PDF Full Text Request
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