Dissertation > Excellent graduate degree dissertation topics show

On the Prosecutorial

Author: AnYang
Tutor: XuHui
School: Graduate School of the Chinese Academy of Social Sciences
Course: Legal
Keywords: unification of prosecution overall independence hierarchical Construction the independence of prosecutor
CLC: D926.3
Type: Master's thesis
Year: 2011
Downloads: 20
Quote: 0
Read: Download Dissertation

Abstract


Domestic scholars have much confusion and even make a serious mistake in the understanding of unification of prosecution. The current definition of unification of prosecution is divided into four main types, but whether it is a single factor or two or three factors, the definition has different levels of one-sidedness and falls far short of the original understanding of unification of prosecution. Continental European procuratorial organization and operation mechanism in which unification of prosecution is originated should contain four elements: the overall independence of external, the hierarchical internal construction of the longitudinal (obedience to superior’orders), the horizontal collaboration and the independence of prosecutor. Over the years, unification of procecution as an important concept of prosecution system is interpreted from different perspectives by scholars, but it is understood in a static way and thus it will lose its vitality. However, the prosecution itself is a very flexible and dynamic scope. It changes with the changes of the functioning of state power, with the changes of the national policy, especially objectives of national criminal policy and with the changes of society and culture. Concentration and democracy of state power operation, attack and prevention of the state’s criminal policy and authority and freedom of society and culture all have a profound impact on unification of procecution as a variable.China’s law clearly defines the three equal rank relations of the prosecution ,courts, and the public security organs. In addition, the Constitution clearly stipulates that the prosecution is free from any political parties, groups, institutions and individuals’interference in the exercise of its powers. Thus, the prosecution is characterized by "super" independence in theory, compared to the prosecutorial system of "separation of powers" practiced in the State. On the other hand, the prosecution is characterized by "super-weak" independence in the practice, due to the fact that the prosecution is subject to public security organs and courts, and local party committees and the government controls personnel and finance of the prosecution. Therefore, we must reform the existing relationship between police and prosecution, and bewteen prosecuting authorities, committees at all levels and administration. In the internal and longitudinal relations of unification of prosecution, the internal prosecution in our country indicates that juniors obey more orders given by superiors, but prosecutors have less independence for historical and practical reasons. Therefore, the boundaries of entity and procedure must be set for the fact that juniors obey the orders given by superiors. In internal lateral collaboration of unification of prosecution, the weakness of responsibility mechanism of our cooperation makes the establishment of cooperation mechanism a mere formality; The lack of collaboration appraisal system affects collaboration initiative; Inadequate funding for security restricts the establishment and improvement of cooperation mechanism; and the local protectionism affects normal operation of horizontal coordination mechanisms. Therefore, to achieve coordination and harmony between prosecutors must strengthen the responsibility mechanisms of the horizontal collaboration and organization guarantee mechanism.

Related Dissertations

  1. Court Complaint Letters and Visits Situation and Countermeasures,D926.2
  2. \,D926
  3. On diversified civil disputes settlement mechanism,D926
  4. A Study of the Standardization of Sentencing Recommendations for Procuratorial Organs,D926.3
  5. The Investigation Report of the Urging of Civil Prosecution in Gansu Provincial Procuratorial Organs,D926.3
  6. Studies on the Public Service Barrister System of China,D926.5
  7. The Prosecution Filed Public Interest Litigation System Research,D926.3
  8. On Improving the Effectiveness and Malfeasance Crime Countermeasures,D926.3
  9. On Establishment of China’s Government Lawyer System,D926.5
  10. Research about Manifestation and Countermeasure of Negative Performance,D926.2
  11. Research on the Socialized Execution of Imprisonment,D926.7
  12. Study of the Civil Judicial Activism,D926
  13. On the National People’s Congress to the Court’s Supervision,D926.2
  14. Petition with the conflict of jurisdiction and coordination,D926
  15. The Anti-monopoly Law Control on the International Mergers and Acquisitions,D926.2
  16. Research on China’s Corruption and Bribery Investigation of Strategic Use,D926.3
  17. Thoughts on Perfecting the Public Security Mediation System,D926
  18. The Thinking of Reeducation Reform and Improve the Working Mechanism,D926.8
  19. On the Perfection of the System of Reeducation Through Labor,D926.8
  20. Supervising System Construction of Community Correction,D926.34
  21. A Study of the Legislative Improvement of Multiplex Dispute Settlement Mechanism,D926

CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate
© 2012 www.DissertationTopic.Net  Mobile