Font Size: a A A

The Value Of The Rule Of Law In The People's Supervisor System And Its Implementation

Posted on:2009-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:J TangFull Text:PDF
GTID:2206360275493038Subject:Law
Abstract/Summary:PDF Full Text Request
How to promote judicial justice and regulate the exercise of public power and push forward the process of the rule of law is a significant legal theory and practice of the rule of law proposition. China to learn from the grand jury system in the United States and Japan will review the prosecution on the basis of the establishment of a system with Chinese characteristics of the people of supervisors system. Elaborating on this paper, the people of our country's legislative system monitors the basis of theoretical source of the value of the rule of law, the real function, improve the mechanism on the basis of an analysis of our citizens to participate in public power, judicial supervision by the people running the way, obstacles and problems. To this end, the article is divided into four parts to start. Of these, the first chapter to the history of legislative experience with foreign patients, the second chapter to the reality and the demands of the theoretical basis for the third chapter of the rule of law and the actual value of the function of the fourth into the system and improve the process of promoting the rule of law.In the first chapter, the author focuses on and analyzes the cases of foreign advanced legislation, on the basis of a foreign prosecutor to explain the system can learn from historical experience and enlightenment. The U.S. grand jury system means that members of the grand jury by prosecutors in accordance with the evidence that the council vote whether or not the alleged crime set up, whether or not to prosecute in favor of the judicial system. It is, as a representative from the constraints of national grand jury indictment of the exercise of the powers, the independence of checks and balances and so on. Japan's prosecutors will review the system since the Second World War in order to control and supervision of the prosecutor not to prosecute abuse of authority and the development of the legal system. The foreign prosecutor with independent monitoring system, extensive, mobility and effectiveness of the advantages, but also their own. We should dialectically be abandoned.In the second chapter, the author focuses on our people in the system monitors the demands of reality and theoretical basis. People's supervisors is to deepen the reform of the judiciary and promote judicial justice, an important measure to promote the rule of law. With the people's supervisor system of the pilot run, the system design, operation mechanism, and other aspects of the operation in many areas to explore and try to improve the way. People's supervisors to implement a system rooted in our country, "Li seized for the public and law enforcement for the people" to promote the reform of the judicial system and rule of law to realize the realities of needs and the rights and the balance of power in line with the theory and the theory of popular sovereignty.In the third chapter, the author meant to the people of supervisors system and multi-location system design and demonstration of the people in our system monitors the value of the rule of law and the reality function. People's supervisors system of the value and meaning of the rule of law is in line with the interests of its value, the value of democracy, justice and fair value and legitimacy of the value. As a result, in our country has a solid material foundation and theoretical significance.In the fourth chapter, the main author of an analysis of the rule of law in our country in the process of the people running the system monitors the status and influence in-depth implementation of the system of barriers, and improve the people's supervisor system, make recommendations and directions. There are two ways of thinking: First, people's supervisors system of mandatory targets of thinking; Second, the rule of law from the perspective of the value of elements from the authority of the rule of law, binding, security, the separation of powers, equality, timeliness How to explain the perspective of improving the people's supervisor system.Ater all, the people's supervisor system with its own theoretical basis and practical foundation, is to adapt to the conditions of our country, the judicial system with Chinese characteristics, therefore, should be at this stage in our development of this system in order to push forward the process of the rule of law in China.
Keywords/Search Tags:system of people's supervisors, function of the rule of law, the value of the rule of law
PDF Full Text Request
Related items