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The Research about the System of Prosecution Guiding Investigation

Author: GuoZhiPing
Tutor: LiuZhiJian
School: Lanzhou University
Course: Code of Criminal Procedure
Keywords: Indictable guiding investigation The relationship between prosecutors and police Institutional basis Construction of the Procedure
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 41
Quote: 0
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Abstract


Public Prosecution Investigation Guided by China in the new situation, a new working mechanism, it has an important role in the exercise of the right of prosecution, improve indictable cases the quality and efficiency of handling cases, as a still in the exploratory stage of the system, how science reasonable set, is an important issue facing the theory and judicial practice, especially in the context of the regulations have been promulgated, and the new Code of Criminal Procedure to be adopted by the two pieces of evidence, the subject of the importance and urgency of further highlights. This thesis consists of six chapters, guiding investigation system of the in-depth study of an indictable. Chapter indictable guiding investigation connotation of the system is defined. This chapter by the procuratorial organs indictment of several main point of the sort proposed the indictable guide the investigation is department to exercise the right of prosecution, improve the quality and efficiency of handling cases of indictable cases, thus timely to guide the public security organs in a timely, accurate, comprehensive and objective collected and fixed the allegations the crime evidence needed a working mechanism. Chapter II carried out a comparative study, pointed out that the two modes there are obvious differences, advantages and disadvantages to exist in the world today are two main prosecutors and police relations mode-one of the prosecutors and police mode and prosecutors and police discrete mode, but with the litigation convergence, continuous convergence of the two modes, and to strengthen the close cooperation between prosecutors and police is one of the typical. Third chapter on China by the investigating center to prosecutors and police in the the trial center mode conversion a review, pointed out that the relationship between mode of prosecutors and police have been exposed to more and more problems, the performance of the Public Prosecutor's investigation and supervision ineffective, unable to meet the the new courtroom way the need for reform, does not comply with the the Contemporary Criminal development needs. The fourth chapter is the inevitability and the institutional basis of the indictable guide the investigation system. Discusses the inevitability the indictable guide Investigation System; constitutionality indictment innovation mechanism and legal background exposition from the system construction, improve the criminal proceedings to adapt the trial mode reform program innovation and the development of the system, and implement modern judicial philosophy. institutional foundation of the regime. The fifth chapter is how to build an indictable guiding investigation system. Proposed should be in legal supervision, in accordance with the law to guide the division of labor, each perform their duties under the guidance of strict procedures, principles of justice and efficiency of the public prosecution to guide the investigation of intervention time, scope, standards of evidence, evidence collection procedures, protection mechanisms, reasonable set. Chapter VI is expected to improve the indictable guide the investigation system of judicial practice. Mainly including to to improve cases indictable Quality, the efficiency of the proceedings, to protect human rights, improve the supervision mechanism.

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