Research On The Human Rights Protection Function Of The Criminal Examination Prosecution Of Chinese Procuratorial Organs

In the criminal procedure,the procuratorial organ has the important constitutional function of human rights protection.With the gradual deepening of the reform of the criminal procedure system,it has become an important direction of procuratorial work to highlight and strengthen the protection of human rights in the examination and prosecution.However,due to the fact that the clarification and transformation of some functional preferences in the field of criminal justice have not been fully completed,the actual operation of procuratorial power still pays more attention to the punishment of crimes and the maintenance of the interests of the overall social order.The goal of procuratorial organs’legal supervision in examining and prosecuting cases has given way to the goal of individual case realization,the goal of power restriction has given way to the goal of exercising power,and the goal of protecting rights and interests has given way to the goal of criminal prosecution.The constitutional function of reviewing and prosecuting human rights guarantees is accompanied and subsidiary to other functions of power.Specifically,there are quite a lot of problems in the emergence and development of the human rights protection function in the case review system,non-prosecution system,public prosecution system and other main system contents that constitute the main content of the examination and prosecution.The procuratorial organ’s examination and prosecution has long had the basic pattern of over-strong investigation function,weak investigation supervision function,strong trial restriction function,abnormal trial connection function,unbalanced main body participation function and disordered procedure autonomy function.The existence of these problems makes it difficult for the procuratorial organs in China to realize the constitutional function of protecting human rights through examination and prosecution.The complex social picture in the exercise of power of procuratorial organs in China reflects the difficult course of modern constitutional transformation of criminal proceedings in China,and also determines the entanglement and inclusion of the interaction between the judicial field and the outside in the examination and prosecution operation.The judicial function of the review and prosecution in the level of bias,further consolidate and promote its constitutional function of the lack and decline.However,it should be noted that the constitutional function of examining and prosecuting human rights protection has gradually deviated from the constitutional crisis in judicial practice,which also provides space for reflecting and expressing the constitutional function from the legal level by means of the specific correction mechanism in examining and prosecuting.On the evolution of the macro background of power,specific XingSu examination and prosecution practice mechanism of the adjustment and reconstruction,the actual operational mechanism of anchor,etc are discussed,with the pragmatic moderate reform mentality,to play both the system of examination and prosecution in respect and on the basis of existing achievements,gradually for the procuratorial performance evaluation mechanism reform,optimize the procuratorial organ judicial policy formative power,comprehensive study of the function of the human rights constitutional examination and prosecution shall be carried out and implemented.In the future,as an important part of the procuratorial organs’ legal supervision functions,the procuratorial organs’ examination and prosecution system functions,power allocation and human rights functions will be reinterpreted in the reconstruction of the national procuratorial system.It is believed that the constitutional function of examining and prosecuting human rights protection is expected to be fully demonstrated with the progress of The Times through the gradual remold of the contents of examining and prosecuting various systems,the overall progress of the judicial power environment,the reinforcement of the law lacking in practical functions,the rational correction of the mechanism operation preference,and the new and comprehensive demonstration of the examining and prosecuting human rights protection.This paper is divided into three parts:introduction,main body and epilogue.Paper main body part,a total of four chapters,mainly according to the department in charge of examination and prosecution of the handling process in practice,according to the case processing required through various processes,combined with the examination and prosecution system of the main content,examination and prosecution of procuratorial case practice activities of the whole inventory,and in the specific operation of each system,explore its concrete connotation,the present situation of the human rights protection,insufficient system,improvement measures and possible development,etc.The fourth chapter,on the basis of the first three chapters,summarizes the basic situation and future development of the procuratorial organs in China.The first chapter,according to the processing process of the review and prosecution,studies the case review system started at first,and selects the important contents of the case review,such as acceptance distribution,marking system,case discussion and review methods,to gradually explore.Through objective description of the appearance of the system and empirical analysis to a certain extent,this paper presents the basic content of the case review process of the procuratorial organ in the examination and prosecution,and lays the foundation for the summary,analysis and promotion of the following text.The second chapter also studies the litigation system in accordance with the review of prosecution case processing process.This paper breaks through the general practice in the study of criminal procedure law,and chooses to give priority to the system of non-prosecution for analysis.In terms of specific content,this chapter emphasizes that there are big problems in the classification theory of non-prosecution in the current criminal procedure law,which urgently needs to be reconstructed.Then,according to the existing classification system,the problems of non-prosecution procedure are studied,and the corresponding improvement scheme is provided.The third chapter continues the narrative process of the first two chapters and studies the prosecution system in the examination prosecution.This paper first analyzes the subjects of power who initiate public prosecution,and points out that there are many problems in the reform of the system of handling cases,which need to be perfected.Secondly,this paper studies the issue of the decision of prosecution,and makes a detailed analysis of the tendency to pay attention to the legal conditions of prosecution and the change of practice.Finally,this paper analyzes the disputes existing in the current mode of public prosecution,and studies the political and legal field and litigation structure of the reform of the mode of public prosecution.The fourth chapter,on the basis of the previous discussion,makes an inventory of the basic situation of the examination and prosecution system,pointing out that the examination and prosecution system lacks modern governance factors,the investigation control and the neutrality of the procuratorial organ are insufficient,and the old bureaucratic management mechanism and the working mechanism of the procuratorial organ need to be improved urgently.The article points out that the evolution of the value target of review and prosecution,the modernization of the specific operation mode and the standardization of the system provide a broad basis for the development of review and prosecution.The conclusion part of the procuratorial organs of the examination and prosecution of the institutional background of the review and inventory.It is pointed out that the legal supervision functions and powers of the procuratorial organs in China originate from the power control needs under the framework of the National People’s Congress,which contains an important constitutional function to realize the protection of human rights.The reform of the right of legal supervision should realize the systematic reconstruction of the specific supervision functions and powers under the guidance of the right of litigation supervision,allocate the connection and supervision clauses to the performance of the national supervision commission,and write them into the constitutional requirements of legal supervision.As an important carrier of the right of legal supervision of the state,examination and prosecution should actively complete its reconstruction and promote the manifestation of the constitutional function of human rights protection in the process of promoting the optimization of procuratorial supervision function,coordinating with the constitutional adjustment of the state,and reasonably highlighting the constitutional value of legal supervision.