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The Prosecution Case Supervision Mechanism Itself

Author: WanJianJun
Tutor: LiuBinBin
School: Lanzhou University
Course: Criminal Law
Keywords: Check a Cha organization prosecutor-investigated cases direct check and supervision
CLC: D926.3
Type: Master's thesis
Year: 2011
Downloads: 83
Quote: 0
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Abstract


Criminal investigation is an important state to punish crime, public power, China’s criminal investigation mainly by the public security organs and the prosecutors to exercise.Procuratorate is the statutory legal supervisory authority, but China’s Criminal Procedure Law also gives the prosecution the right of the Duty Crime Itself. In judicial practice, due to the lack of supervision and control mechanism, causing some abuse of the right’s Procuratorate Itself, Procuratorate Itself power is abused, not only cannot control crime, the legitimate rights of citizens will be harmed, but also the adverse impact to the community. Therefore, the in-depth study on the supervision over the criminal investigation, not only can promote the process of building the rule of law state, improve our monitoring system can better protect human rights.In this paper, the YongChangXian of gansu province’s procuratorial practice as a foundation, through the following three aspects, of current inspection organs Duty Crime Itself. Cases supervision mechanism of the problems existing in the system are analyzed and explained, and puts forward relevant Suggestions.The first part, mainly of current procuratorial organs Duty Crime Itself.cases supervision mechanism is summarized. According to the world’s major countries to the procuratorial organs investigation to the supervision of the case, and points out that the analysis of mode of procuratorial organ Zizhen case the necessity of supervision and control.The second part, expounds the procuratorial organs in our country Duty Crime Itself. Case of supervision mechanism is insufficient, including internal transverse supervision and the shortage of the internal supervision, the shortage of the longitudinal and external supervision and deficiencies, and caused by inadequate supervision of above analysis of the causes.The third part of our country, the procuratorial organs Duty Crime Itself. case system of supervision and puts forward some Suggestions to improve the inspection authority that the internal mutual du mechanism and external supervision mechanism, and is Duty Crime Itself. Right to get the effective safeguard legitimate exercise.In short, with China’s overall social’s rapid development, the duty crime means constantly pattern is renovated, the current investigation system matching and the functions of the configuration is also more and more can’t adapt to the duty crime investigation task and the needs of the situation, especially in prosecutor-investigated case and, therefore, establish and perfect the procuratorial organs of supervision mechanism prosecutor-investigated case has become a top priority.

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