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Study On The Connection Of Criminal Procedure In Supervising Cases

Posted on:2020-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:H WenFull Text:PDF
GTID:2416330623953721Subject:Litigation law
Abstract/Summary:PDF Full Text Request
The Supervisory commissions is a new state authority established after the reform of the national supervisory system to achieve full coverage of all public officials exercising public power.On March 20,2018,the "People's Republic of China Supervision Law" was promulgated,and specific provisions were made on the system design of the supervisory committee,the relationship with the procurator organs and the judicial organs,the specific duties of the supervisory committee,and the manner in which the duties were performed.The purpose of this paper is to solve the problem of the criminal procedure of monitoring cases by analyzing the nature of the supervisory committee and extending its nature to the connection between the supervisory committee and other judicial organs.This article is divided into three parts to explore this.The first part aims to analyze the nature of the supervisory committee and summarize its four characteristics: political,special,quasi-judicial and composite.At the same time,it also discusses the investigation power of the supervision committee,and will be divided into three parts: party discipline investigation,government investigation and criminal investigation,and analyze its nature.Finally,the theoretical conclusions drawn from this part are used as the basis for the subsequent analysis of the relationship between the supervisory committee and the judicial organs and the construction of a specific convergence mechanism.The second part analyzes the relationship between the supervisory organs and the public security organs,the relationship between the supervisory organs and the procurator organs,and the relationship between the supervisory organs and the judicial organs,and studies the theoretical basis and external influences.Based on the conclusions obtained in the first two parts,the third part analyzes the theoretical difficulties in the connection of criminal proceedings in monitoring cases,and builds a criminal procedure linking mechanism for monitoring cases.Separate the case connection of the monitoring case,the connection of the investigation measures,the early intervention of the procurator organ,the connection of the retention measures and criminal coercive measures,the connection between the inspection of the supervisory authority and the prosecutorial agency,the connection between the investigation of the supervisory authority and the court trial,and as a constraint.Discussion with lawyers involved in institutional guarantees.
Keywords/Search Tags:Supervisory Commissions, Investigative power, Procuratorial Power, Connection, Legal Supervision, Supervisory Lien
PDF Full Text Request
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