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Research On The Optimal Allocation Of Procuratorial Power In China

Posted on:2021-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y GaoFull Text:PDF
GTID:2506306290980489Subject:Constitution and Administrative Law
Abstract/Summary:
The procuratorial system has experienced the baptism of wind and rain,with the continuous development of society,evolved into a unique system.The core of the procuratorial system is the procuratorial power,and the dynamic existence of the procuratorial power is the allocation of the procuratorial power.In view of the procuratorial power attribute and the status each country carries on the discussion in the different degree,our country also carries on the dispute to this.Because there is no consensus on the procuratorial theory in China,the development of the procuratorial organ is relatively slow,and the nature of the procuratorial organ has been debated for a long time.This restricts the development of procuratorial power in our country,and even affects the scientific allocation of procuratorial power.After the reform of the national supervision system,the investigation power of duty crime was separated from the procuratorial power and transferred to the newly established National Supervision Committee.The optimal allocation of procuratorial power has become an important topic that needs to be discussed urgently in the theoretical and practical fields.At present,the reform of procuratorial power in China should follow the pace of deepening the reform and carry out its own reform around the national conditions with Chinese characteristics.To explore the optimal allocation of prosecutorial power,we should explore the attributes and status of prosecutorial power.After defining the essential attribute of the Procuratorial Power,the paper discusses the present situation and problems of the allocation of the procuratorial power,and puts forward some suggestions and suggestions.First of all,in our country,the procuratorial power is the legal supervision power.It is clear that the procuratorial organ is the legal supervisory organ of the State,and it is considered that the procuratorial organ is the defender of the law.Secondly,comb the historical evolution of the procuratorial power,analyze the development of the procuratorial power from the historical dimension,summarize the importance of the procuratorial power in the operation of the rule of law.Thirdly,it discusses the present situation of the procuratorial power,analyzes the importance of the allocation of procuratorial power in the process of the operation of procuratorial power,and specifically analyzes the operation of procuratorial power and function as well as the operation of the internal organs of procuratorial organs,to find out the current situation of the allocation of prosecutorial power.Finally,through the above-mentioned status and problems,the optimized path of the procuratorial power and function and the optimized Operation Mechanism of the procuratorial organ promote the work of the procuratorial organ smoothly.
Keywords/Search Tags:procuratorial organs, Procuratorial power, Legal supervision right, Optimal allocation of procuratorial power
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