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Lenin's Thought On Procuratorial Supervision

Posted on:2020-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y XuFull Text:PDF
GTID:2516306038953149Subject:Basic principles of Marxism
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Lenin's thought of procuratorial supervision is the legal thought he created under the guidance of marxism and combined with the legal practice of Soviet Russia.This paper under the guidance of marxism basic principle,applying the idea of Marx and Engels' s power supervision and procuratorial supervision of Lenin's thought and the theory of law of socialism with Chinese characteristics,from the formation background and ideological origin,developing process,main content,realistic enlightenment in procuratorial supervision of Lenin's thought on the aspects of the comprehensive interpretation.The first part is the formation background and ideological origin of Lenin's procuratorial supervision thoughts.Lenin's thought of procuratorial supervision was explored on the basis of inheriting and developing relevant theories.Lenin critically inherited the procuratorial supervision thought of Tsarist Russia,creatively developed the power supervision thought of Marx and Engels,and formed his own procuratorial supervision thoughts on this basis.The second part is the development process of Lenin's procuratorial supervision thought.Lenin's thought of procuratorial supervision has gone through germination,formation and perfection.In the embryonic stage,Lenin mainly discussed the importance of workers' supervision and revealed that the procuratorial organ in tsarist Russia was a tool of bourgeois rule.In the formative period,Lenin mainly discussed the democratization of law and the necessity of abolishing the procuratorial system in tsarist Russia.In the perfection period,Lenin made theoretical explorations on how to establish the leading system of procuratorial organs,how to reorganize the procuratorial organs for workers and peasants,and how to restrict procuratorial power.The third part mainly discusses the main content of Lenin's thought on procuratorial supervision from the aspects of the nature of procuratorial organ,leadership system,legal supervision function and the limit of procuratorial power,which is the research focus of this paper.Procuratorial supervision power is the judicial power,procuratorial organs are parallel with the administrative organs to independently exercise procuratorial supervision power of special legal supervision organs.Procuratorial organs should choose the vertical leadership system,whose duty is to supervise the investigation and trial of criminal cases,civil cases and administrative cases.Lenin thought,to set up to fight the influence of local procuratorial organs,to supervise all state organs and citizens whether to obey the law,so as to realize the unification of legal system of the country,and through the inner-party supervision,limited procuratorial supervision principle and supervisory organs and procuratorial organs of the limit of the threeways of procuratorial supervision.The fourth part is the reality enlightenment of Lenin's procuratorial supervision thought.Lenin's thought of procuratorial supervision has important enlightenment to the perfection of procuratorial system in China.Lenin's thought of procuratorial supervision originates from the judicial practice and serves the judicial practice.Only by adhering to the unification of theory and practice can we learn from the successful experience of Lenin's thought of procuratorial supervision and constantly promote the reform and perfection of China's procuratorial system.
Keywords/Search Tags:Lenin, Procuratorial supervision, Vertical leadership, Unification of the legal system
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