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Research On The Logic And Optimization Of The Reform Of Internal Organs Of Procuratorial Organs

Posted on:2022-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:X L PanFull Text:PDF
GTID:2506306518472084Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The Constitution clarifies the constitutional status of the procuratorate as a legal supervision agency.The reform of the internal organization of the procuratorial organ is an important measure to deepen the reform of the country’s political system and strengthen the influence and status of state organizations in the same level of political organizations.This is also the inherent basic requirement of contemporary China’s overall social governance for the reform of state institutions.In the process of exercising legal supervision functions,procuratorial organs need to rationally allocate and use procuratorial power to realize the positioning requirements of the constitution.At the same time,the establishment of internal institutions of procuratorial organs is essentially the appearance of procuratorial functions.Therefore,the establishment of internal institutions of procuratorial organs affects the actual performance and improvement of procuratorial functions.From the perspective of historical development,the establishment of internal institutions of my country’s procuratorial organs has experienced a development stage that revolves around the exercise of general supervisory power,to revolve around internal restrictions,and then revolves around the development of business functions.With the transformation of the country’s governance model and the deepening of procuratorial reform,the procuratorial reform will have a profound impact on China’s judicial decentralization and the logical construction of the rule of law.In 2019,my country’s procuratorial organs from the Supreme People’s Procuratorate to the basic-level procuratorates carried out the adjustment and reform of internal institutions.Institutional professionalization requirements.This adjustment and reform also follows and embodies the logical starting point of legal supervision,the basic logic of balancing functions,fairness and efficiency as the basis for the practice of the rule of law logic,and the protection of human rights as the new rule of law logic.Connotation and other content and characteristics.However,after this major adjustment of internal institutions,the basic-level procuratorates have taken on a new look,with more professional and refined business areas,but at the same time they are also facing new challenges under new conditions.The definition of public interest litigation supervision and investigation supervision functions is still unclear.Litigation supervision is facing a tendency to weaken supervision,and no effective solution has been seen in de-administration.Based on the actual situation of the QJ district’s grassroots prosecutors’ office,the author puts forward suggestions for promoting the professionalization of procuratorial services,strengthening internal and external supervision,optimizing the operation of internal institutions,and establishing professional procuratorial teams based on the above-mentioned situation from the perspective of the rule of law.The construction of the institution provides some ideas.This article will combine the reality of grassroots reforms and take the background of the reform of the internal procuratorial organs as an opportunity to comprehensively analyze the background,current situation and characteristics of the internal institutional reforms of the procuratorial organs,and on this basis,propose the challenges faced by the internal institutions of the procuratorial organs at the emerging stage.After exploring the reform of the internal organization of the procuratorial organ,based on the logic of the rule of law and the professional guidance of the procuratorial organ,it provides suggestions for improving the internal construction of the procuratorial organ.
Keywords/Search Tags:Internal institutions, Procuratorial Organs, logic of rule of law, Legal supervision
PDF Full Text Request
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