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Empirical On Procurator Attend Judical Committee

Posted on:2021-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:X NieFull Text:PDF
GTID:2506306290481344Subject:legal
Abstract/Summary:PDF Full Text Request
In China,the procurator-general’s attendance on the trial committee system has a history of more than 70 years,but in a real sense,it has become a regular trial procedure since 2018.Controversial on the system in the field,now questions mainly focused on the system is not the people’s procuratorate embodiment of the legal supervision function,and inhibit the trial will be brok en and defendant equality neutrality,objectivity and one-sidedness in these views,the procurator organs in bear legal oversight functions at the same time bear the function of public prosecution decision when attend the voting,the procurator organs can’t completely out of the prosecution’s position,thus has pro duced to the stereotype of the system;Some theoretical negative views without empirical research inevitably appear "metaphysical" cognitive bias.In addition,the current law of our country is notperfect enough for the procurator to attend the review committee,resulting in the system in practice encountered many problems.Empirical research found that the positive effect of the system is obvious.However,the system also has some problems such as insufficient attention to id eology,inadequate supporting system and mechanism,lack of necessary norms and guidance in practice due to the lack of legislation,limited personnel,narrow scope of attendance,unclear duties and duties of attendance.In this regard,we should attach great importance to the ideology,improve the correspond-ing supporting system and mechanism,and enhance the operability in practice,so as to create a good environment for the implementation of the system and make it play its due role.In addition,judicial staff should correctly understand the system concept and purpose of procurator-general’s attending the trial comm ittee,and procurator organs should abandon the single value pursuit of attending the trial committee when the opinions are adopted by the court,and examine the role of attending the trial committee in improving the quality of handling cases from the perspective of improving judicial level and ability.Finally,the connotation of the function of "legal supervision" of the pro-curatorial organsshould not be understood unilaterally.If the procurator protest is a kind of "co nfexamination committee" a kind of "preventive" supervision,which plays a positi ve role in saving judicial resources.
Keywords/Search Tags:The Procurator Attended The Committee, Legal Supervision, The Empirical Analysis, System Consummation
PDF Full Text Request
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