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Rohirech On The Apcaion Of Emnton Sys To Criminal Offendes As

Posted on:2023-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiFull Text:PDF
GTID:2556307061459464Subject:legal
Abstract/Summary:PDF Full Text Request
The development of procuratorial authorities in Our country has had its ups and downs,and each rise and fall has been accompanied by the emergence of corresponding ideas of rise and fall.One of the main elements of the reform of the state supervision system was the integration of the investigation of crimes in office,which had previously belonged to the procuratorial authorities,into the newly created supervision powers.This reduction in powers has once again led to a crisis of unclear positioning of the procuratorial authorities and a weakening of their litigation supervision function.A proper understanding of the procuratorate cannot be separated from the provisions of the constitutional text and the inherent requirements of its responsibilities and mission.The reduction in powers has not diminished the value of the procuratorate’s existence,nor has it weakened its unique legal oversight function.Thus,the procuratorate remains the legal supervisory organ of the State,and not a public prosecution organ or a litigation supervisory organ.Although the birth of the State’s supervisory powers implies a reconfiguration of supervisory powers,the inherent intention of the State’s additional supervisory powers is to meet the needs of anti-corruption work and to improve the effectiveness of anticorruption efforts,rather than simply to deprive or transfer a particular power,let alone to replace the procuratorial supervision of the procuratorial organs with the supervisory supervision of the supervisory committee.The reorganisation and reallocation of the power to investigate crimes in office constitutes an important division of supervisory responsibilities between the supervisory committee and the procuratorial organs,forming a supervisory pattern that distinguishes between "supervision of persons" and"supervision of matters",and further improving the mechanism of checks on state power and the legal The system of supervision has been further improved.The relationship between the supervisory committee and the procuratorial authorities is one of "co-existence" rather than "substitution".The supervisory committee and the procuratorial organs should cooperate and check each other,rather than oppose and exclude each other,and they should perform their respective supervisory duties in a relationship of cooperation and control.The reform of the state supervision system has led to changes and adjustments to the procuratorial function.Under the new circumstances,the procuratorial authorities should actively respond to the strong impact of the reform by continuously strengthening themselves and improving the configuration of their powers in order to comply with the reform tide.The procuratorial authorities should respond to the reform of the supervision system by taking the loss of power,which has led to a lack of supervision,as a breakthrough to further enhance the rigidity of procuratorial supervision.The procuratorial authorities should return to their main duties and responsibilities,and strengthen and improve the exercise of their powers of public prosecution and litigation supervision.Broaden the pattern of procuratorial supervision and actively seek new areas of functional growth.Under the new concept of "four major procuratorates",we will focus on civil,administrative and public interest litigation,thereby releasing the inherent scope of procuratorial supervision.
Keywords/Search Tags:Reform of the National Supervision System, Procuratorate, Legal supervision agency, Constitutional positioning, Prosecutorial Reform
PDF Full Text Request
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