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Review And Improvement Of The System Of Transferring Procurators From Different Places And At Different Levels

Posted on:2024-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:S M ChenFull Text:PDF
GTID:2556307145486044Subject:legal
Abstract/Summary:PDF Full Text Request
The National Prosecutor’s Meeting held in January 2022 emphasized that it is necessary to pay more attention to the construction of the integrated mechanism of procuratorialization.The vertical integration must be more smooth and the horizontal integration must be more closely connected.Different-level calling prosecutor system is a useful exploration in the process of pro-curatorial integration.Although the system is applicable in a number of highly concerned cases such as Huang Hongfa’s case,it effectively centralized the force handling force to ensure the results of major complexity and difficult case trials,but it also caused more controversy,and there were problems such as inaccurate specifications and uniform applications.Most of the academic circles acknowledge the necessity and reasonableness of the system,and advocate properly regulate and restrict,but there are still controversy in the standard path.The limitations of the existing research lies in: one of the theoretical basis of whether the prosecutor’s integration is the theoretical basis of the prosecutor system of a different place is alien.The appointment procedure of the prosecutor system of different places was ignored.It is necessary to carry out further research when the existing incomplete discussions and different-level calling prosecutors systems are still in an imperfect state.In addition to the introduction and conclusion,this article is divided into five parts.The first chapter is the historical origin and realistic foundation of the prosecutor system in different places.It is trying to present the value function of the system in terms of pro-curatorial business practice,pro-curatorial system specifications,and actual needs.The second chapter is an inspection of the problems of the prosecutor system of different places.Through systematic analysis,the current problems existing in this system are sorted out: the applicable standards are not unified;the legal status is insufficient to controversy and perform their duties;The dislocation of the mechanism and the weakening effect on the supervision and restrictions of the pro-curatorial organs.The third chapter is a reference for the external experience of the prosecutor of different places.Based on the comparison and evaluation of prosecutors in different laws and regions on different legal departments,based on the reality of our country,it is based on the actual situation of my country,borrowing the beneficial experience outside the region,and providing direction for optimizing the path.Chapter IV is the theoretical follow-up of the prosecutor system of different places.This article not only affirms that the prosecutor system is in line with the principle of prosecutor’s integration,and is a new development of the principle of pro-curatorial integration in the new era.At the same time,it also emphasizes that the system should also follow the principles of democratic centralism,exercise the principles of pro-curatorial rights,necessity and necessity in accordance with the law,and independently exercise the prosecution principle,necessity and necessity and necessity of pro-curatorial rights in accordance with the law.Supplementary principle.Chapter 5 is the optimization path of the prosecutor of the alien alien.This article is based on practical issues,with external experience as the reference,and the theory follows the direction,and proposes the specific path of optimizing the alien prosecutor system: First,the call of the prosecutor of different-level calls in different places should be used as an exception.The scope of the case is avoided by the abuse of the system.Second,optimize and improve the appointment and removal procedures for being called by prosecutors,so that the system integrates the current judicial amount system,and adopts the method of confirming the identity of the prosecutor in court to strengthen the legitimacy effect of performing duties.Third,in the case of improving the appointment process that has activated horizontal supervision,the actual operation of the system is specified by clearing the method of calling objects and scope of power.
Keywords/Search Tags:Transfer Procurators from Different Places and Different Levels, Pro-curatorial Integration, Organic Law of the People’s Procuratorates., Prosecutorial System Reform
PDF Full Text Request
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