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Analysis Of The Catching V. Unity Operating Mechanism Of Prosecutorial Power

Posted on:2020-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:M S H H L L KuFull Text:PDF
GTID:2416330590454946Subject:legal
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With the advancement of judicial reform,under the new situation that the procuratorial organ carries out the reform of procuratorial power operation me chanism with the judicial responsibility system as the core and the modification of relevant laws,the functions of procuratorial organs are constantly changing.The separation of procuratorial organs in handling cases can no longer adapt to the surge in the number of new crimes.In this context,the author has written this article to discuss the feasibility and significance of the mechanism.This paper is mainly divided into three parts:the first part mainly on the arrest and prosecution of the case handling mechanism related to the basic th eory.Firstly,the concepts of the mechanism of the combination of arrest and prosecution and the mechanism of the separation of arrest and prosecution are summarized.Secondly,by combing the development of the history of the pros ecution relationship in our country,the causes of the on-off and on-off of the prosecution relationship in our country are explored.At last,the paper explores the controversial rights of supervision of investigation and public prosecution in the theoretical circle,and concludes that they are only two different functi ons under the procuratorial power,and the combined operation of arrest and prosecution will not affect the application of these two functions.In the second part,the author analyzes the practical situation of the new system of combined police and prosecution in China,summarizes the advanta ges of the system and the existing problems in practice,and analyzes the adva ntages and disadvantages.It is believed that these disadvantages will be effecti vely alleviated in the later period of improving the system construction.The third part puts forward Suggestions on the improvement of the new system of combined handling of arrest and prosecution,predicts the problems in practice and the possible problems in system operation,and puts forward corresponding Suggestions for improvement.This paper holds that the mechanism of joint prosecution and prosecution can better strengthen investigation supervision,improve litigation quality and protect human rights.
Keywords/Search Tags:The unity of catching v put, right of an arrest, Right of prosecution
PDF Full Text Request
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