Font Size: a A A

The Prosecution Investigation 'Right Of

Posted on:2012-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:T SunFull Text:PDF
GTID:2216330371451400Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years, theorists of the Criminal Procedure Reform Strategy of the criminal justice system discuss the gradual refinement, in-depth investigation for the prosecution argument that the right to improve gradually put on the agenda. The criminal legislation and criminal justice in China is not optimistic; the prosecution failed to detect the right to receive due attention. Thus, in contrast to the rule of law concept of comprehensive, two legal national framework of criminal proceedings are based on the guiding role, taking into account the criminal justice status. Then take attention and promote the realization of the right of prosecutors investigating measures to strengthen the prosecution vigorously played by the effective power of investigation to ensure accountability for crimes and human rights protection to achieve the purpose of criminal proceedings. Since the creation of the legal system when people set up a prosecutorial system, the prosecution investigation was born the concept of power. Investigation of the prosecution the right to separate from the control trial, the rule of law concept of separation of powers, etc. Prosecutors have the right to legal oversight investigation, detection of double property rights, etc. It was entitled to complaints that in the same court the right to judicial protection against the process of cooperation justice and fair justice. Under the jurisdiction of the prosecution investigation involving corruption and bribery cases, criminal cases involving dereliction of duty, violation of civil rights and democratic rights of criminal cases and national organs of other personal rights of major criminal cases.If it is necessary, the People's Procuratorate of acceptance directly by the provincial. People's Procuratorate of the above decision is upon the People's Procuratorate investigation. A series of measures will be taken, including necessary and reasonable investigation of the right of prosecution for system enhancement, which has become the consensus of scientists States Code of Criminal Procedure. With the increase in the exchange of two legal systems and integration trends highlight the criminal justice increasing international cooperation, national criminal justice reform have focused on strengthening the right of prosecutors in investigating the role of criminal justice practice and highlight the independence of the prosecution status of the investigation right. This article is divided into three parts:ChapterⅠdescribes the nature of the prosecution and the investigation right sources of power; chapterⅡanalyses the exercise of the right of prosecutors investigating the problems, the prosecutors are still investigating the lack of the right of oversight mechanisms; chapterⅢis on the basis of two chapters, and the prosecution put forward a sound move the investigation rights, and proposal of building a complete set of mechanisms for the protection system can detect the prosecution according to law effectively.
Keywords/Search Tags:Power of Investigation, the Relationship between Prosecutor and Police, Legal Supervision
PDF Full Text Request
Related items