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On the Restriction and the Improvement of the Public Prosecution Power in Our Country

Author: LuoLingYuan
Tutor: ChenJianQing
School: Guangdong College of Commerce
Course: Procedural Law
Keywords: Restricting public prosecution Prosecution Not to prosecute Changing Prosecution Pre-trial procedures State liability Disciplinary system
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 60
Quote: 0
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Abstract


Constraints restricting the right of the main prosecution on indictment in the running of public prosecution authority body that occur during non-standard operating behavior constraints , checks and balances and oversight activities, and thus the formation of the system in general. Prosecution has the right to restrict relativity and judicial . Prosecution has the right to restrict achieve substantive justice , procedural fairness and the implementation of safeguard proceedings efficiency three aspects of value . The theoretical basis of the right to restrict prosecution powers that theory of constraints , legal protection of human rights concepts and procedures idea ; their reality requires that expanding the scope of the exercise of public prosecution , prosecution and prosecutorial discretion expanding rights abuses against big . Right there on the prosecution of the corresponding constraints , but there are still missing and defects , reasons , one being the lack of systematic system design, two are ignored for the protection of the rights of suspects , three is the lack of judicial review. By restricting the right of foreign prosecution overview and comparison , either civil or common law , are carried out on the public prosecution system constraints , including the right to prosecute the constraints , I'm sorry for the prosecution the right to appeal the right to change the constraints as well as the constraints , only because of historical traditions, values ??and litigation litigation system differences , these countries the right to restrict prosecution has its own characteristics . Restricting the right to learn a foreign prosecution of scientific and rational place, combined with China's actual conditions , in complying with the separation of powers , the relative independence, due process , and based on the principles of proper balance improve our public prosecution restrictive system , including the establishment of pre-trial proceedings ; establish a hearing not to prosecute system, strengthening the appeal was sorry not to prosecute human constraints repealing indictment Private Prosecution system ; perfect right to restrict prosecution to change and improve the system of public prosecution power constraints supporting measures .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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