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Research On The Establishment Of The United States Department Of Justice

Posted on:2020-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:X Y XuFull Text:PDF
GTID:2416330623953632Subject:Legal history
Abstract/Summary:PDF Full Text Request
The U.S.Department of Justice,known as the world's largest legal department,is given complex and diverse functions.Before the establishment of the Ministry of Justice,however,the functions of its predecessor,the Office of the Attorney-General's Office,were not complex,and Judiciary act of 1789 required only the Federal Attorney-General to conduct legal affairs and provide legal advice on behalf of the Government,and did not have specialized agencies to assist him in his work,Job pay is also much lower than other officials appointed by the president.However,with the development of the federal government and the increasing number of legal affairs,the Congress passed the Act to Establish the Department of Justice1870 and created the Ministry of Justice,headed by the Federal Attorney-General.The Department of Justice has developed on the basis of all criminal and civil proceedings involving the national interest of the United States.In the early days of the People's Republic of China,Congress failed to pass a bill to set up the Justice Department,fearing that federal power was too big and could not be counterbalanced.But successive attorneys general have been fighting for power,demanding the establishment of a unified and centralized legal department.In the process,the Attorney-General's powers are gradually expanded and jurisdiction is gradually extended.In the aftermath of the civil war,there has been a surge in legal affairs,outlays for outside lawyers,and the intensification of disputes over legal issues among legal staff in various departments,and calls for the establishment of the judiciary have become louder and louder.Congress held intense discussions andfinally passed the Act to Establish the Department of Justice 1870,which allowed for the establishment of the Ministry of Justice.The Act clarifies the scope and powers of the Attorney-General's duties and powers,while expanding the competence of the Attorney-General's Office to become a more regulated Ministry of Justice,unifying the regulation of government legal officials and coordinating legal disputes between the various departments.Better resolution of American legal affairs.From the angle of the transition from “cooperative justice“ to “hierarchical justice“,this paper discusses the reasons for the establishment of the Ministry of Justice,makes the Federal Attorney-General as the Minister of Justice,and establishes the legitimate basis for the federal control of prosecutorial power.The Ministry of Justice has incorporated consulting lawyers from all sectors into a system and set up more rigorous institutions,such as “professionalization of officials“,“ strict hierarchical order “ and “ technical standards for decision-making “.Combined with the current situation of American federalism,the visible development trend and the characteristics of federalism itself,this paper attempts to further the theoretical development and explanation of the reasons for the establishment of the Department of Justice.
Keywords/Search Tags:the Department of Justice, The Attorney-General, the Federation, the Cogeneration system
PDF Full Text Request
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