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China 's procuratorial reform

Author: ZhouYongSheng
Tutor: ZhouShaoYuan
School: Anhui University
Course: Law
Keywords: Procuratorial system Reform Procuratorial organs Judicial system The reform of the judicial system The nature of the prosecutorial power Independent exercise of prosecutorial power Local administrations Terms of reference Adapt to the market economy
CLC: D926.3
Type: Master's thesis
Year: 2003
Downloads: 311
Quote: 2
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Abstract


Procuratorial system is the result of the process of development of human society in the country's political system, legal system constantly improve. The procuratorial system appear to adapt to the trend of the progress of human society, the judicial system, the country effectively assume the prosecution of crime, justice and the maintenance of public responsibility. Prosecutorial system in the modern sense originated in medieval civil law tradition, the traditional British legal systems of France and the United Kingdom. China's procuratorial system originated from the ancient censor system. Procuratorial organs in China, which is established on the basis of completely destroyed the old Chinese procuratorial organs in accordance with the Marxist-Leninist theory of the state based on Lenin's theory of legal supervision of suction civilization crystallization of the Chinese Legal System. With the deepening of reform and opening up and the socialist market economic system has been established in our country and continue to develop. Requirements of the law as the primary means of social control. Push forward the process of democracy and the legal system, the rule of law, have been pressing. Comrade Jiang Zemin in his report to the 15th CPC National Congress, particularly stressed the need to \To implement the rule of law and building a socialist country under the rule of law; from the system to solve the problem of corruption, reform of the judicial system must be carried out. This reform, essentially from the planned economy to adapt, the official position of the authority principle the judicial system to adapt to the market economy, China based modern judicial system transition. In the current process of the rule of law in China, abiding by the law, impunity is still quite serious phenomenon of lax enforcement, which requires to increase the procuratorial system reform, so that it truly assume legal oversight responsibilities for law-abiding, law enforcement, judicial. The main drawbacks of China's procuratorial system summed up in three aspects: First, the dual leadership of the mechanism limiting the independent exercise of prosecutorial power, making the prosecutorial power to exercise is highly subject to local administrations, the administration of justice can not reflect. The terms of reference of the procuratorial organs are too small, so that the the procuratorial organs can not play its due role in the field of civil or administrative proceedings, let alone play a bigger role in other areas of social life. The third set of internal operation mechanism of the procuratorial organs caused by an irrational The procuratorial organs litigation activities separation of powers and responsibilities, oversight of the investigation and trial a mere formality, can not guarantee the procuratorial organs to give full play to its proper function of legal supervision. The procuratorial system reform is not on the original system to completely negate, or simply copy things in other countries, but a large and complex systems engineering. First, we must be clear that the ultimate goal - to establish a system of \Second, due to the the procuratorial system of reform is an important part of China's reform of the judicial system and the reform of the political system, the relationship to the future and destiny of the party and the country, we need to be cautious, to be under the leadership of the party, within the limits prescribed in the Constitution , combined with China's specific national conditions, and with the co-ordination of national politics, reform of the judicial system, the principle of reference and innovation combined. The theory is the pilot of the administrative reform of China's procuratorial system to establish the nature of the prosecutorial power of the country, as well as the position of the prosecution in state power should in theory. Legal supervision of the nature of a correct understanding of the Constitution vested with prosecutorial power in China and our procuratorial organs the outside independent judicial and administrative organs of the special status. Against the procuratorial system in the presence of the various drawbacks, creative reform. Protect the procuratorial organs truly independent exercise of prosecutorial power, to expand the terms of reference of the procuratorial organs, enhance the procuratorial organs to further strengthen the the procuratorial organs internal supervisory mechanism to establish the capacity to intervene on the legal and social life, and better for the socialist market economy construction services.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate
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