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On The Procuratorial Power After "Slimming"

Posted on:2019-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y X ChenFull Text:PDF
GTID:2416330545477227Subject:Law
Abstract/Summary:PDF Full Text Request
Since the 18th National Congress of the People' s Republie of China,it has been demanded to deepen the reform of the political system.In the "top-level design" of the reform,the Supervisory Committee emerged as a product of a major political structural reform.Correspondingly,the status of the procuratorial organs has changed accordingly.The original procuratorial organs' right to investigate crimes has been transferred to the supervisory committee.The corresponding functional departments and related personnel who perform procuratorial powers have also been transferred to the supervisory committee.This change can be understood as"slimming." How to strengthen the legal status of the procuratorial organs after the new reforms and how to re-understand the construction of the legal functions of the procuratorial powers are issues that we must pay attention to and solve at present.This kind of change is a product of the major changes in the new era.Although the procuratorial organs have changed,the legal supervision function of the original procuratorial power will be more pure and its power of legal supervision should be strengthened and expanded.It is not a weakening of the procuratorial power but a return to the truth.Before the "downsizing," the procuratorial power to carry out the right to investigate crimes unified,facing the embarrassing situation of "self-investigator self-monitoring"model.The "slimming" procuratorial power will help eliminate the disagreements and theoretical disputes caused by a series of wrong understandings of the procuratorial power.Under the new form of reform,it is necessary to strengthen the basie construction of the procuratorial power and the understanding of the standard,carry out the procuratorial organ' s own reforms,and consider the direction of adjust.ment and transformation of the internal organs of the procuratorial organs,which was formally adopted at the First Session of the 13th National People' s Congress.The "People's Republic of China Supervision Law" in the course of its operations has re-revised the "Procuratorate Organization Law" and the"Criminal Procedure Law," and has also dealt with the fact that the Supervisory Committee has been involved in a series of cases related to business such as evidence and enforcement measures.Problems,deepen the coordination and cooperation between departments,expand to civil public interest litigation,administrative public interest litigation,the right to genuine legal supervision,the integration of functions will not change the status of procuratorial organs as a legal supervision.In the public prosecution procedures run by the procuratorial organs,it is necessary to improve the scope of the discretionary power of the non-prosecution system,adjust and improve the litigation supervision,implement procuratorial supervision at the grass-roots level,and implement the situation of the resident prosecutorial office.
Keywords/Search Tags:Prosecutorial power "Slimming", transfer of investigation powers, reform of procuratorial power, right of legal supervision
PDF Full Text Request
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