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A Research On Perfection Of Legal Supervision Power Of Procuratorial Organs

Posted on:2021-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:H Y LiangFull Text:PDF
GTID:2506306290471744Subject:Constitution and Administrative Law
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In order to achieve the national anti-corruption goals and strengthen the supervision of public officials’ duties and crimes,through the reform of the supervision system,the supervision committee as a special supervision organ,to achieve full coverage of all public officials’ job violations and illegal acts.Correspondingly,the powers of the procuratorial organs to investigate and deal with corruption,bribery,dereliction of duty,and prevention of duty crimes have been transferred to the supervisory committee,and the power of investigating crimes by the procuratorial organs has been given a new era connotation.In line with the revision of the Constitution of 1982,the Organic Law of the People’s Procuratorate of 1979,and the background of the reform of the supervisory system and the judicial system,the content and functions of the procuratorial organs have undergone relatively profound changes,with a relatively broad scope.As a result,"positive" scholars believe that as a new opportunity for the development of procuratorial organs,procuratorial organs should seize the opportunity to strengthen and consolidate the status of their legal supervision organs;The "negatives" scholars hold the opposite view and believe that after the transfer of the power of investigating crimes to the supervisory commission,the procuratorate has lost its strong support.The procuratorate has enjoyed the investigative power since its creation,which undoubtedly shakes the foundation of the prosecutor,changed the nature of legal supervision of the procuratorate.However,the nature of legal supervision by the procuratorial organs is not something that can be traded off.Since the 1982 Constitution defined the procuratorial organs as legal supervision organs,up to the promulgation of the latest constitutional amendment,the procuratorial organs’ constitutional status has remained unchanged.Although the terms of reference of the procuratorial organs of the Organic Law of the People’s Procuratorate have changed to varying degrees during the period,they have only made adjustments in the objects of supervision and exercise procedures,and have not deviated from the fundamental positioning of the supervision organs.Correspondingly,in order to adapt to the current background of multiple institutional reforms in parallel and highlight and strengthen the nature of legal supervision of procuratorates,the newly revised Organic Law of the People’s Procuratorate pointed out the specific content of "legal supervision powers" in a "summary enumeration" manner.Among them,Article 21 creatively put forward the concept of "legal supervision power" and how to exercise it,and Article 20 further details the power content by enumeration.Article 20 of the Organic Law of the People’s Procuratorate enumerates the contents of eight powers,of which the eighth is a pocket clause.The expression “other powers” covers the richness of the content of the powers of legal supervision.If the legal supervision power of the procuratorate is regarded as a tree of power,the trunk and essence of the tree are the constitutional mission of supervising the implementation of the law,and the eight specific power contents can be regarded as each branch of the tree.According to the procedural characteristics of the exercise of each power,the eight branches can be summarized into the power of investigation,the power of litigation,and the power of supervision of non-litigation activities.
Keywords/Search Tags:Legal supervision, Legal supervision Authority, Litigation authority, Supervisory authority, Non-litigation supervision
PDF Full Text Request
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