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A Rational Analysis Of The System Of Arresting And Suing

Posted on:2021-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:R Y LiFull Text:PDF
GTID:2416330629950991Subject:legal
Abstract/Summary:PDF Full Text Request
The arrest and prosecution system is an important system in the criminal justice system,involved two power operation modes of arrest and public prosecution.It is a power distribution and a balance mechanism between the three organs of the public prosecution law.It exists and is closely connected with all stages of investigation,arrest,prosecution and trial in the criminal procedure work,and has a strong impact on the final results.Whether the arrest system is reasonable or not is not only the overall level of a country's judicial system,but also the measurement standard of judicial justice.By analyzing the theoretical results and practical experience of the system,this paper obtains the ideal goal of the system,and finally provides the construction ideas for the system.It is divided into the following parts:First of all,it shows a comprehensive and detailed overview of the arrest and prosecution system.After making an explanation for the arresting body,this paper expounds the content attribute and interrelation of the two powers,which are the most important parts of the arresting system,and explains the important significance of the arresting system in the criminal justice system.It introduces the historical changes of the arrest and prosecution system since the founding of China.Due to the different historical tasks in different periods,the mode of the system of arrest and prosecution has experienced three main stages: unity,separation and unity.The third stage brings out many problems in practice under the current system.Secondly,it points out the reasons for the current merger and reorganization of the internal organs of the procuratorial organs,and investigates and analyzes the positive significance of the separation mechanism of arrest and prosecution in judicial practice compared with the previous one,the unsolved problems in the process of criminal proceedings under the integration mechanism of arrest and prosecution,and the new disadvantages harmful to the judicial system.Thirdly,it puts forward the judicial review system which is suitable for the development of arrest and prosecution system.In the case of discovering the shortcomings and shortcomings of the existing mechanism,we should focus on combining the core value requirements of the system with advanced experience,discussing the necessity and feasibility of building the system after thinking and obtaining enlightenment.Finally,it shows the specific system construction of the judicial review mode of the arrest system.According to the results of the previous analysis,we try to build a specific system in line with the current recommendations,which is explained in mechanism operation,rights protection and relief.
Keywords/Search Tags:Criminal Justice System, The System of Arrest and Prosecution, Oneness of Arrest and Prosecution
PDF Full Text Request
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