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On the Nature of Prosecutorial positioning and reconstruction of public security relationship

Author: LiuYanLong
Tutor: GuoZhiZuo
School: China University of Political Science
Course: Legal
Keywords: Prosecutorial power Legal supervision over the The balance of powers Principles for Relations
CLC: D926.3
Type: Master's thesis
Year: 2011
Downloads: 147
Quote: 1
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Abstract


Prosecutorial power problem is one of the issues of judicial reform discussion process theoretical differences in practice and make the most confused, its different understanding of the nature of our current constitutional system involves the abolition of trade-offs from the constitutional level, from The Code of Criminal Procedure level related to the problem of how to reform the relationship between the public security organs three organs. A system exist and play a role, and must have a solid clarify the theoretical basis of the necessity and rationality. Contemporary Chinese procuratorial system theory, especially in litigation theoretically controversial due to its unique legal supervision of the qualitative as well as legal supervision and investigation, indictment and other specific terms. Said procuratorial system in China and Western countries, including the common law, civil law countries procuratorial system are quite different, with the former Soviet Union, the Russian procuratorial system is significantly different compared to, and this makes us even more in Comparative Study and faced with whether to have academic exchanges the pervasive and exchange test. The procuratorial system of countries in the world, China's procuratorial system is unique, has a distinct Chinese characteristics, also contains the world procuratorial system common content and blend of character and individuality of the product. Based on this idea, in this article, in addition to the introduction and conclusion, is divided into the following chapters: The first chapter deals with the nature of the prosecutorial power disputes and reasonable position. Different countries prosecutorial power will be vested in the state power: the executive power, the quasi-judicial powers and legal supervision rights. Chinese scholars perspective is not the same can be said is controversial. This paper argues that prosecutorial power, in essence, is neither executive power nor jurisdiction, we should attribute the prosecutorial power and authority to distinguish, to arrive at the conclusion of the legal supervision over the property. The second chapter analyzes the legal supervision of the right to exist as an independent state power theory and basis in reality. We proceed from the three aspects of the properties and mode of rights, the legal value orientation and the history demonstration, and as the point of view of theoretical and practical foundation, you can discover the nature of the right to legal supervision is reasonable. The third chapter reveals the relationship between the status quo and disadvantages of public security three organs. Based on our judicial status quo, described the relationship between the current situation of public security three organs and drawbacks, and is responsible for the division of labor, co-ordination and mutual restraint \relations reforms to lay the foundation. Chapter how the three organs of public security relationship refactoring focus on the The legal supervision attributes based on prosecutorial power to transform the relationship between the three organs of the principle at the core, the proposed public security division of responsibilities, their duties, mutual restraint \

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