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Research on Criminal Protest of Procuratorial Organization

Author: LiuJinHui
Tutor: ZhangJianWei
School: Tsinghua University
Course: Legal
Keywords: Of criminal counterappeal rights Problem Controversy Judicial recommendations
CLC: D926.3
Type: Master's thesis
Year: 2005
Downloads: 309
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Abstract

The right to trial supervision is an important part of the prosecution of legal supervise. The judicial practice protest right in criminal cases, the prosecution of a criminal trial supervision prominent. Since the founding of the 1997 Code of Criminal Procedure to modify, the People's Procuratorate at all levels in the judicial practice, a large number of applications Criminal protest right of the court's decision, ruled that played a supervisory role, and received good results. However, with the increase in the number of protested cases, many of the problems began to appear in the protest work. For the prosecution protest the power of thinking is also deepening, the theory circle the variety of perspectives. The author intends to explore four aspects of the prosecution of the protest right. The first part discusses the basic content of the criminal appeal work, including Criminal Protest object types, comprehensive exposition of the criminal appeal work. The second part of the the procuratorial organs criminal appeal work problems in systems analysis and summary. China's Constitution and the law clearly stipulates procuratorial organs have the criminal powers protested, but because of the law there are some defects and shortcomings, the judicial practice departments face of some cases at a loss for specific cases; prosecuting authorities and by prosecutors own on criminal protest the lack of a correct understanding of the terms of reference, which lead procuratorial organs counterappeal rights have the risk of abuse; addition, some of the problem of the formation of the specific operation. The part of the combination of some of my actual work seen, heard, felt, specific analysis and description of the types of problems exist in the criminal appeal work, a comprehensive analysis of the reasons for the formation of the various problems and seek solutions. The third part of the focus on the theory and practice department trial supervision on the Prosecution Authority the right to exist, some controversial issues, as well as people for the prosecution the protest functions of different design and arrangement. Some scholars believe that the right to prosecution of the protest should be perfect; Some scholars believe that such power should be separated from the procuratorial organs of the public prosecution department; someone simply prosecuting authorities failed to have the powers of the trial supervision, such power should be abolished. The combination of the different viewpoints of the theorists and judicial practice departments, to talk about a personal understanding of the power and thinking. The fourth part of the system to explain his own rational positioning and thinking of the functions of criminal protest of China's procuratorial organs and procuratorial organs in the framework of the law should be specific exercise counterappeal functions, standardize protest functions.

Research on Criminal Protest of Procuratorial Organization

Abstract

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