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A comparative study of Sino - German prosecutors and police

Author: LiDongNi
Tutor: YueLiLing
School: China University of Political Science
Course: Comparative Law
Keywords: The relationship between prosecutors and police Procuratorial organs Police
CLC: D915.3
Type: Master's thesis
Year: 2008
Downloads: 116
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Abstract


The quality of the setup and operation of prosecutors and police relations, direct impact on whether to initiate a public prosecution, trial, and even fair to make of the judgment. In and thus, the study and looking for the the an effective way to to coordinating the legal relationship to to has a very important significance. This article mainly uses comparison, analysis of the history methods, research analysis of the the the similarities of the prosecutors and police the relationship between in the the in in the the Sino-German between the two countries investigation stage, and use it as the basis of, to learn from the the the relevant measures and recommendations of the of of the the Germany deal with of Contradictions Among the prosecutors and police,, the aim of coordinating a good our country procuratorial the the mutual the relationship between in the between the organ with the police organ. Our present mode of prosecutors and police relations due to historical development, current conditions, the concept of orientation, and many other factors, the characteristics of the \similarity of the pattern of integration and the civil law countries, with Germany as the representative of the prosecutors and police. In the right the the history of the development of the the Sino-German between the two countries procuratorial and the Police organs of, the terms of reference the nature of, the, the reality status, as well as the of objects enjoying prosecutors and police the relationship between, the existing contradictions carried out In than the to right the the analysis of after, you can concluded that: between China and the Germany in the the aspects of of the relationship between prosecutors and police has great the the the similar to Xing in the of degree, while the these similarities Xing for us to learning that the learn from related the Research and conclusions of of the Germany About the the contradictions deal with of the prosecutors and police to provide the possibility of. On the basis of the recognition of the contradiction between prosecutors and police presence and severity of the German legal practice and academia proposed the following solution: First, the procuratorial organs excluded from the investigation, and is only responsible for mention and appear in court to support the prosecution ; Second, the judicial police the provisions of subordinate agencies under the jurisdiction of the procuratorial organs; Third, the procuratorial organs included in the House Chief sequence; the initial draft of the new structure of four, in 1978 the relationship between prosecutors and police \V. 2001 alternative draft reform of the investigative procedures (AE-EV), prosecutors and police reform, to try. Due to historical limitations, interests, tendencies, and influences, a solution of the German scholar itself unable to overcome the defects, and relentless criticism by holding different views. However, the analysis of these different angles, suggestions and criticism is bound to solve similar problems of great help. High the Construction of of the point of view of the our country the current short-lived the relationship between prosecutors and police history of the development, there is no ability to build a independent and mature the relative relations system of, while the the the the task of that you want to to solve then the yes to focus on Yu the matter of principle value targets the determination of and the overall-Xing guiding framework for the. According to the analysis of different solutions on the German scholar, can see that the improvement of relations between prosecutors and police in China must adhere to the value of the target as the pursuit of fairness and justice and litigation efficiency, and on this basis, it is necessary to strengthen the procuratorial organs in general investigative procedures control and supervision of, but also the protection of police organs in the overall under the control of the necessary the independent investigation of the right to, at the same time would also like conferred the the people and its defender of the to the prosecuted in the the the criminial investigation to to safeguard their own the rights of relief means of. Only from the the this involving tripartite the main body the overall Xing guiding framework for the of departure that the, only to possible to ensure the both matter of principle, there are flexibility ground deal with the good China's contradictions among the prosecutors and police, the the development of of the the and make prosecutors and police the relationship between toward the the the the a correct and healthy direction.

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