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Reflections on the perfect right to the prosecution's investigation
Author: LiuJingSheng
Tutor: LiuYouSheng
School: China University of Political Science
Course: Legal
Keywords: Procuratorial organs Prosecutorial power Investigative powers Legal supervision
CLC: D926.3
Type: Master's thesis
Year: 2010
Downloads: 127
Quote: 2
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Abstract
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Constitution will procuratorial organs positioning for the state organs for legal supervision , but the provisions of the law on the prosecution to exercise legal supervision , but too the principles and general . Existing law does not investigative powers explicitly implemented for the procuratorial organs statutory functions and powers of legal supervision , procuratorial organs have lost a pair of \Deviation between the constitutional position \The author and the historical line of research , the right value proposition of the first part of the prosecution's investigation , the meaning of the right of the prosecution's investigation , the investigative power and procuratorial power , the right to legal supervision power of investigation , the right of preliminary investigation carried out the analysis described , indicating that the investigative powers of the procuratorial organs to carry out the essential powers of legal supervision . A Comparative Study of the second part of the right of the prosecution's investigation investigative powers accompanied by the development of ancient Chinese supervisory system development; from a horizontal perspective of the civil law , common law , the Soviet Union as the representative of society , from a historical perspective Department of Humanitarian Law and the United Nations guidelines on the Role of Prosecutors \The third part of the status quo of China 's procuratorial organs investigative powers and problems, from our legal terms of reference of the procuratorial organs provisions too narrow , our law does not survey the statutory functions of the procuratorial organs , procuratorial organs for legal supervision can not be separated the power of investigation and other aspects , the lack of prosecutorial investigative powers of prosecutorial power . The fourth part of the idea of ??the perfect right to the prosecution's investigation , the principle of the exercise of investigative powers from the prosecution , the prosecution's investigation exercise of the right scope and recommend additional procuratorial organs investigative powers described by modifying the \additional investigative powers of the Prosecutor - General of the idea .
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CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate
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