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On the properties of prosecutorial power - observed in the process of the rule of law in China and Thinking

Author: LiuZhiWei
Tutor: ZhuSuRen
School: North China University of
Course: Legal Theory
Keywords: Prosecutorial power Decentralization Checks and balances Jurisdictions properties Properties of the executive power
CLC: D926.3
Type: Master's thesis
Year: 2010
Downloads: 131
Quote: 1
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Abstract


The prosecutorial power is an important part of modern constitutional government, since its inception, however, the controversy on the property it has never stopped. The prosecutorial power whether the executive power, judicial power, or the right to legal supervision? Paper attempts to be this theory the dispute placed in the background of the process of the rule of law in China, from a historical point of view, a rational point of view, a realistic point cut, to further explore its properties. Associated with the French Revolution, the roar of cannons, near modern prosecutorial power emerged. The prosecutorial power of the establishment who have high hopes for this emerging powers, and they hope that this emerging force that can check and balance the executive power and judicial power has long existed in the traditional. Thus, the differentiation inquisitorial powers of a judge, which restricts the expansion of executive powers, to achieve the \The reality, however, the development of prosecutorial power in the West fell into many difficulties. Property problems prosecutorial power, its biggest dilemma is that prosecutorial power can not be integrated into the traditional system of separation of powers and the theoretical positioning a loss prosecutorial power. Traces of history has never been able to erase, particularly in China, to think from a historical point of view it is particularly important. Totalitarianism lay a deep imprint in our society, this imprinting has been affecting the power structure and social background of the modern country. Naturally, no matter in what kind of social formation, the development of prosecutorial power can not get rid of the shadow of totalitarianism. Discuss the properties of prosecutorial power in the process of China's rule of law, and to discuss the properties of prosecutorial power is fundamentally different with the West. Attributes of prosecutorial power, China today academia There are four main perspectives: \Unfortunately, either supporters of the doctrine, the difference between social background intentionally or unintentionally ignored. They only way compared to the number of studies, which have lost the value of the level of law. Prosecutorial power has two sides, their property debate lasting and fresh quest without results. The prosecutorial power became regarded as the power of a not yet complete. For such a progress, development, and improve the power, it attributes the problem is difficult to arrive at a clear, certain conclusions. Obsessed with looking for the answer of this question is likely to fall into the semantics debate hand, does not contribute to the solution of the problem. Concerned about the attributes of prosecutorial power, we should be concerned about the the prosecutorial power established fundamental purpose - the differentiation of powers and checks and balances of power, and should focus on the background of the process of the rule of law in China. Only combined with a rational point of view with the realistic point of view to explore the attributes of prosecutorial power, the final concluded vitality.

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