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Research On Supervision And Control Mechanism For The Supervisory Committee Of Procuratorial Authority

Posted on:2021-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:M R LiuFull Text:PDF
GTID:2416330629482407Subject:legal
Abstract/Summary:PDF Full Text Request
The supervision system reform have experienced pilot exploration with impressive results.It is proceeding steadily now.At the same time,in order to pursue anti-corruption effectiveness,the power of the supervisory authority has also developed rapidly.It's a little difficult to prevent the "blackness under the lights" incident within the supervisory authority.Although the supervisory authority has a strict self-monitoring mechanism,peer supervision has always been criticized.As Montesquieu said,to prevent abuse of power,power must be used to restrict power.Taking this as a train of thought,it's feasible for procuratorial power to restricts on the supervisory power.Studying the supervision of the procuratorial Authority to the supervisory organs has extremely important theoretical significance and practical value for the stable operation of power in the reform of the supervisory system.This article starts with the necessity and feasibility of the procuratorial organization's supervision to supervisory committee,combines the cases in the process of inspection and investigation,integrates the experimental operation practice,laws and regulations implementation status,and studies the system level and practice level of the procuratorial organization's supervision and inspection organization.This paper analyzes the reasons for the problems in the legal supervision process of the procuratorial organs,therefore proposes specific countermeasures to improve the way of the procuratorial organs' supervision on supervision Committee.The body of the article consists of five parts.The first part is the introduction,which mainly involves the research significance of procuratorial authority's supervision on supervision committee,background,three research methods of the paper,and summaries of the previous research especially since the reform of supervision system by combing the literature in detail.The second part is the necessity and feasibility analysis of the procuratorial authority' supervision on supervision committee.By analyzing the development status of the supervisory power and the existing supervision methods,we find that the supervisory authority lacking the necessary and professional external supervision mechanism,which poses a potential danger to the protection of human rights.By analyzing the nature of the legal supervision committee,the routine and professional nature of the supervision work of the procuratorial authority,the feasibility of the supervision by the procuratorial authority is concluded.The third part is the current situation and deficiencies of the procuratorial organs' supervision on the supervisory organs.Looking at the existing supervision mechanism to the supervisory organs,the supervision and restraint methods specified by the law for the procuratorial authority only includes the examination of the results of the investigation of duty crimes.Furthermore,in the implementation process,the procuratorate have lost some of the power of crimes investigation.The fourth part is the methods to improve the supervision and restriction effectiveness,which in view of the present legal situation.The last part is the conclusion,including the results,as well as the research defects and the future prospect.
Keywords/Search Tags:Procuratorial authority, Supervisory committee, Legal supervision
PDF Full Text Request
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