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Preliminary Investigation System Guided by Prosecutor

Author: WangZuo
Tutor: ZhangGuangJie
School: Fudan University
Course: Legal
Keywords: Attorney guiding investigation One catch v. Boot Forensics
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 57
Quote: 0
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Abstract


Investigating authorities to improve the level of criminal case investigation and evidence collection, handling criminal cases to ensure the quality of the investigation in the exercise of the right of the public security organs and the exercise of prosecutorial power, legal supervision over the relationship between prosecutors seek balance, coordination between the two sides, and in the coordination maintain proper tension and distance, is the judicial practice sector has been the focus of exploration and running, followed by a guided investigation on the Prosecution evidence, prosecutors and police models discussed quite intense. The author based on a person's level of law enforcement, conducted a thinking and practice, analyzes the background procuratorial guiding investigation, according to the legal principles guiding investigation and prosecution stage, the difficulties faced and obstacles, and for all the difficulties and obstacles envisaged establish the unity of catching appeal system in order to improve the viability and guiding investigation reality. The author reflects actual cases prosecutors to guide the investigation is suitable for China's prosecutors and police model, but we really want to lead the investigation of this system in practice totally promotion, also need to continue to deepen in theory, in practice, continuous exploration This process must also long way to go. This paper is divided into four chapters, as follows: The first chapter outlines guiding investigation and prosecution described the legal basis is important. Guiding investigation by prosecutors concept, characteristics of induction, reflecting the guiding investigation in criminal prosecution entities and procedures fair and impartial significance. The second chapter is to guide the investigation of foreign prosecutors and police prosecutors pattern comparison. Prosecutors and police of today's foreign relations were horizontal comparison studies, especially focusing on France, Germany, Japan, the civil police and prosecutors mode and British and American common law prosecutors and police mode status and trends. And learn from other countries prosecutorial investigation boot mode, for guiding investigation of China's procuratorial system construction has important reference value. Chapter 3 presents the theoretical basis for prosecution guiding investigation. Guiding investigation by prosecutors reasonableness, necessity and feasibility study, pointed out that the prosecution of police and prosecutors to guide the investigation is the relationship between ideal model. Chapter IV discusses the investigation of prosecutorial guidance system conception. By this stage, prosecutorial investigation mechanism to guide the difficulties and challenges, and to build institutional principles, scope, approach, program aspects, in line with China's national conditions for the establishment of the procuratorial system of ideas guiding investigation, the establishment of the unity of catching v. Attorney guiding investigation mechanisms and supporting procedural safeguards.

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