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Prosecution Forabuse of the Right of Prosecution System

Author: YangJing
Tutor: ZhangYunPeng
School: Liaoning University
Course: Legal
Keywords: Procuratorial organs Abuse of prosecutorial power Repeated Prosecution
CLC: D926.3
Type: Master's thesis
Year: 2011
Downloads: 18
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Abstract


The Procuratorate as the supervisory authority of the country's legal, the same time carry out its oversight functions on behalf of the State to exercise the terms of reference of the prosecution of crime. Oversight functions or prosecution functions only on a procedural powers, but it exercised the consequences real impact on the entities to be prosecuted to the prosecution of persons to bring harm on the person, property, as well as some of the intangible benefits. With the development of society, more and more social relationships are included in the adjustment range of criminal law in the process of the implementation of the criminal policy of combining punishment with leniency, the prosecution of indictable discretion are constantly expanding, from time to time in our judicial practice Attorney the phenomenon of abuse of recourse by the authorities for various illegal purposes. If they are the prosecution of people's interests is difficult to be effectively guaranteed, and will be difficult to demonstrate the value of legal fairness and justice, is bound to become obstacles to building a socialist country ruled by law. Under the influence of the movement of the protection of human rights worldwide, how to effectively protect the legitimate rights of the suspect, the defendant, has become the focus of world concern. Therefore, how to effectively oversee procuratorial organs legitimate exercise of the right to prosecution, has become an urgent problem to solve. The procuratorial organs recourse abuse cases from the analysis, to identify cases reflect and then combined cases reflect judicial practice, summed up the abuse of prosecutorial power lead procuratorial organs reasons: procuratorial organs exercise of prosecutorial power by political and administrative factors interference; defective internal operational mechanism of the prosecutorial power; well as our procedural law of criminal suspects, the rights of the defendant, the provisions of the protection mechanism is imperfect. In order to achieve effective prevention of procuratorial organs Abuse recourse purpose, it is recommended that adhere to the party leadership on the prosecution case, to ensure that the procuratorial organs independent exercise of prosecutorial power of this principle to be fully implemented, the procuratorial organs to exercise their functions and powers from local administrative power and the party leading cadres interference; reform procuratorial organs leadership structure, in terms of human, financial, and material as well as business leaders to strengthen procuratorial organs at higher levels of the subordinate procuratorial organs leadership oversight mechanism to prevent the abuse of power. The same time, from the protection of the interests of the prosecution of persons angle to consider expanding the scope of the lawyers to intervene in the proceedings to ensure that the right to be defended in the investigation stage of arrest criminal suspects, the provisions of procuratorial organs have the obligation to provide legal assistance to suspects. Learn from foreign judicial review system and proposed the establishment of appropriate systems according to China's national conditions, compliance with the requirements of procedural fairness review of behavior by the court on the prosecution, the suspect due to the procuratorial organs malicious prosecution and suffered damage; build on the prosecution recourse abuse program of sanctions to ensure that suspects are not to be repeated because of the same facts and the same reason prosecution, so as to achieve the purpose of protection of human rights.

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