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Research on Detention Procuratorial System

Author: YeXuTong
Tutor: XueFu
School: Southwest University of Political Science
Course: Code of Criminal Procedure
Keywords: Detention Procuratorial Operation Mechanism Existing Problems System Consummatio
CLC: D631.7
Type: Master's thesis
Year: 2011
Downloads: 44
Quote: 0
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Abstract


According to legal provisions, procuratorial organs supervise the regulatory activities of detention through the procuratorial department of detention, meanwhile protect the lawful rights of prisoners within . In recent years, unnatural deaths happened frequently in detention house. In addition to reflect problems of the detention , also let us to re-examine current detention prosecutorial system. Moreover, due to the influence of the "heavy for punishment, light executive" legislative thought. Our country does not have a complete and unified department law of criminal executive.The author hope that through the discussion of detention prosecutorial systemsystem to get everybody’s attention about criminal execution, and then carrying out research on criminal execution.This article except preface and epilogue outside, is divided into four parts:The first part interpretation of detention procuratorial system. Points out its features function. The legal supervision of procuratorial organs decides the characteristics of detention procuratoria work, but it also has its own characteristics. Outstanding performance in the superposition of procuratorial supervision:direct supervision and indirect supervision,criminal law supervision and administrative regulations supervision. At the same time because of its objects, time, content reflecting the universality of supervision. Play a prominent role in ensuring the criminal lawsuit activity, protecting human rights , promoting the legalization and civilized regulatory activities.The second part introduced the running mechanism of detention procuratorial system. Introduced in two ways, on the one hand about the business scope. Including the procuratorial supervision regulatory activities related to jail, handle relevant cases, deal with complaints and accuse and so on. On the other hand introduced its operating mode. Including three working form like: in procuratorial work, tour procuratorial work, special procuratorial. Common means of three ways like: oral correct, correct illegal notice, filing investigation.The third part reconsider present detention procuratorial system. Points out the main problems existing four aspects: One is the absence of relevant legal basis. Lack of maneuverability regulations, and relevant law in "a low, chaos" situation. The second is the absence of disposition. Although the law has the provisions of procuratorial departments of detention, but no specific supervision ways specify how opinion will not be accepted or disposal, resulted the detention procuratorial just become a modal form. The third is the lag working way. The current procuratorial supervision way usually not synchronously, often get the materials after the other authorities’s decision.The fourth is about security system. Mainly reflects in funds, information, personnel security deficiencies. Analysis the causes of these problems lies in: One is the institutional setup. Level set stand of he modern rule of law surveillance. The second about the selection of current procuratorial operation model is too onefold.The third is not pay more attention.The fourth part explore the perfection of detention procuratorial system. The author tries to complete it in three aspects: concept innovation, current system reform and related security system. Concept innovation requirements the combination of the separation of powers and the legal supervision. System of innovation within, first regulating the duties of detention procuratorial by the legislation. Providing the reliable legal basis, eliminating the unsuitable duties. Secondly, reform operating mode. This paper claims that in procuratorial work and tour procuratorial become synchronization operation. Then, establish a complete accountability system. Supervisor power and responsibility system, the remedy by supervisor reasonably equipped with responsibility system. Again, establish synchronization supervision mechanism. By giving prior intervention right of supervision mechanism of reforming the lag situation. Finally, improve the appointments with prosecutors system. Related security system reforms mainly involves the procuratorial organs legal supervision status in strengthening and procuratorial organs of the leadership system reform. Involving current procuratorial staffing of detention , hardware facilities and funds.

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