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The Research of Configuration and Practice of Procuratorial Power in Modern China

Author: LiuQingSheng
Tutor: HuXuZuo
School: Xiangtan University
Course: Procedural Law
Keywords: procuratorial system procuratorial power the right of investigation stangding procuratorial supervision
CLC: D926.3
Type: PhD thesis
Year: 2009
Downloads: 724
Quote: 1
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Abstract


Since the reform of law in end of the Qing danasty China began to creation amodern justice system.In 1906, prosecutorial system was established officially after the enactment of the Daliyuan Trail Law. It realized separation of prosecution and trial at the first time.Therefore, one handred years has gone, the prosecutorial system was replaced until nowadays we having not system study and expound to procuratorial authority in the process of Chinese establishing and their middle operation: Clean up the powder period procuratorial work system is how to establish after all? What relapse have experienced henceforth? Which authority of office does the procuratorial organ in the past a century have? Procuratorial authority how to division and fit with judicial powers? Does procuratorial work system reform the logic preparing the procuratorial authority design what to have abided by? The person and society law life hit the target how interactive the law main body is other? How mutual effect are the person and society’s operation? Is procuratorial authority set up carrying out a pair what enlightenment to have value today Ji Qi? There is still nobody answers those problems.System induction procuratorial authority the modern times formation reaches the main body of a book running mechanism. On author basis studying in prehominid, procuratorial authority formation and operation have carried out the exploration examining all round, carrying out a first step’s on that the researcher relates to in the homeland not yet on the modern times. The thesis has quoted the large amount of court verdict and document at that time and other historical material such as reflecting legislation. Then enforcing the law putting into practice such as official correspondence, memorial to the throne official document, has attached importance to especially on carrying out the basis studying in a deepgoing way on the main version and government legal documents, by the fact that the version verifies the go into enriching to procuratorial authority the modern times system if case material waits other, "law go along in attaching importance to the social life" studies, move the go into blank space having filled in procuratorial work system the modern times and their practice to a certain extent mutually describing law and society with the various angle and method, Full text altogether about 200,000 character.The thesis has taken system logic structure as classics, process has been a latitude with development of system, has abided by the syllogism bringing forward a problem, analysing a problem, coming to a conclusion to do scholarly research basically. The procuratorial authority operation is an object of study in the main body of a book being carried out with criminal Chinese judiciary the modern times, background discusses the procuratorial authority coming into being from our country procuratorial work system creation , development and their political economy, culture cause, procuratorial authority reality runs and the analysis being hit by the human relations in society relating that and coming into being, nature, content deepening to procuratorial authority prepare the characteristic and criminal Chinese judiciary the modern times situation cognition by the fact that working going deep into investigating right, antecedent trial right, charging procuratorial authority energy such as right, authority to supervise with analyses, and absorb beneficial to our country reform of the judicial system in the nowadays experience out of.The main body of a book primo comments on the significance introducing article selected topic reason and selected topic simplely with Zhu, study material and research method, current situation and up-to-date research results studying at home and abroad; Set forth article point of penetration; breakthrough point and research method. Content divides into tripartite basically in main part leading into the subject of a talk or essay queen, the article, Part I sets forth political economy, history and culture that our country procuratorial authority the modern times generates first background, history event and history cause that upset direct procuratorial work system introduces, system origin probing into Chinese procuratorial work system, indicating Chinese procuratorial work system is under background collapsing and transforming in tradition society, before the motivation calling back right driving consult Japan, indirect direct study about down following morals but construct. This has composed the first chapter of article, since introducing modern times then institutionalize procuratorial authority course, the systematism evolution condition drawing a clear distinction between powder, the Republic first four years, Republic periods and democratic regimes of the people part setting forth procuratorial work system and procuratorial authority, have analysed this different four periods procuratorial work system similarities and differences. This constituted the article second chapter. The above two chapters may regard as the article the general remarks.The third chapter, fourth chapter, fifth chapter and the sixth chapter analysis the system design of the forme of modern procuratorial power.The article basically according to the procuratorial power the jurisdiction to layout division.The third chapter of elaboration detection power, first analyzes the establishment of detection system’s which take inspector as the leading,then examination different historical period and detectives’ establishment of the power specially assurance of human rights’s concrete provision, at last summarized the detection power characteristic. The fourth chapter the elaboration right to sue, has analyzed the right of prosecution system’s introduction and around the historical period related legislation similarities and differences, makes and carries on the appeal the process, the private prosecution system and so on. The fifth chapter elaboration supervisory authority, the selective analysis trial supervisory authority, the jail supervisory authority, have carried out the supervisory authority and so on related system. The sixth chapter in elaboration special procedure procuratorial power. Has analyzed, in the particular case like administration, the judicature unite under the system under the procuratorial power design, the preliminary hearing system the procuratorial power assignment and the movement and so on. These four chapters introduced the procuratorial power moves the condition in the criminal justice practice, including the longitudinal movement condition and the crosswise movement condition, the longitudinal movement condition is movement way between the identical institution high and low rank public prosecutor’s between the procuratorial power upper and lower layer institution as well as. The crosswise movement condition main introduction detection power, the preliminary hearing power, the right to sue and the supervisory authority and so on each examination power’s system manifests, the function and the actual operational aspect. This partial contents may regard as article the minute theory.The seventh chapter and the eighth chapter mainly on the self-criticism by the law sociology’s angle to the procuratorial power movement’s and the effect and so on.The seventh chapter carries the relationship of procuratorial organ with the judge, the judicial police, lawyer etc.How the main body’s in legal society reaction with eachother? The eighth chapters have carried out the all-round self-criticism on the modern times Chinese procuratorial work system from procuratorial authority aspect such as self defect, significance of that time and now.It have suggested that how a series carries out the suggestion improving and. all above liang of seal looks upon as the article spare time theory, the generality whose main intention is carried out on the legal institutions significance that Chinese procuratorial authority the modern times operation studies sums up, combine legal institutions theory law culture go into draw lessons to expect that the modernization to procuratorial work system provides. Speak generally, the creating and the running of modern procuratorial authority is successful judging from entirety. But we can not give it absolute valuation. Whose system designs basic having consulted the west pattern centering on "tripartite" political system, compel the authority condition each other and the human rights protection.But therr have a little comparatively outstanding experience question indeed still.We should give necessary attention to there such as the administrative power not intruding into, abusing peculiar procedure, it’s success and defects be worthy for us to draw lessons.

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