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Inspection And Construction:Research On That Public System Of The Final Legal Instrument

Posted on:2019-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhengFull Text:PDF
GTID:2416330545497978Subject:Law
Abstract/Summary:PDF Full Text Request
As terminal legal instrument in public deepenging procuratorial work in public being another important reformation measure,its structure and operation will exert far-reaching impact.But due to the reasons,such as uncertainty of theory localization,consideration of multivariant value goal,primary of system construction and its supporting system,the operation of terminal legal instrument in public goes from relative chaos to standard and unification under the background of n-way probe of theory field and practice.This article tries to explain and demonstrate the operation of this system and constructs scientific and reasonable system from four ways including theory localization,value orientation,status analysis,structure and improvement.Chapter 1 starts with connotation of terminal legal instrument in public,and mainly analyzes its theoretical content,theory and practical value,including its legal basis of ensuring the right,power balance and justice,and important meaning to cases,general public,procurator and prosecutorial power.Chapter 2 mainly analyzes the current situation,dilemma and cause of terminal legal instrument in public.Under the current situation of unification of the scope of the disclosure,mode and process,and clarification of relieve approach,it still exsits the problem that scope of the disclosure needs to expand,lack of supporting measure of disclosure and different judgement of the similar cases.The analysis of these reasons shows that the standards of law enforcement are different,fundamental standards are short of detailing and quality of procurator is limited due to the contradiction of lack of people and increasing cases.Chapter 3 uses the analysis of terminal legal instrument escape clause to come up with the point that under the new feature of terminal legal instrument,the meaning of balancing the public interest and individual interest,applicable principles,existing problems and methods of sovling the problem.Chapter 4 looks at the improving measures of terminal legal instrument?Firstly,it needs to establish legal basis.Secondly,it needs to intensify the ability of interpreting laws and Choose the right method aiming at different cases.Lastly,it should improve supporting mechanism,including public opinion response mechanism,reasonable internal supervision and incentive mechanism and case guidance mechanism and use the advantage of classification management of procurator and Unity of property and property.
Keywords/Search Tags:Terminal legal instrument, Public, Procurator
PDF Full Text Request
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