Dissertation > Political, legal > Legal > Chinese law > Justice system > Procuratorate

China 's prosecutorial power Nature of

Author GaoXinPing
Tutor XieZuo
School Shandong University
Course Legal
Keywords Prosecutorial power Nature Legal supervision over the
CLC D926.3
Type Master's thesis
Year 2006
Downloads 416
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Clarify vague understanding of the nature of prosecutorial power, has become China's procuratorial system constitution positioning and sector-specific law prosecutorial functions of coordination and unified basic topic. This article based on the theoretical construction of the system of philosophy of prosecutorial power structure perspective, to study the nature of the prosecutorial power on the basis of a clear of prosecutorial power structure elements, the positive significance of this approach is able to reveal the prosecutorial power structure composed of elements of the prosecutorial power the nature of significant value, relatively naturally derived prosecutorial power nature, this is the ultimate purpose of this study. Framework and ideas based on this study, in addition to the Introduction and Conclusion, the paper is divided into six parts, are summarized as follows: The first part of the controversial nature of Chinese and foreign prosecutorial power Historical Survey \each formed in the debate process theoretical views on the nature of prosecutorial power. Western countries about the the prosecutorial power nature of the controversy, mainly in civil law countries, along with the development of the legislation system of the Prosecutor, four representative controversy, the prosecutorial power of the executive power to say \say \constitutional status and nature of the issue has become a hot topic in theoretical circles in China mainly the formation of the controversial nature of prosecutorial power, \\The second part of the the prosecutorial power structure \By the entity structure, mental structure, Attorney, terms of reference, Attorney objects four elements, the the prosecutorial power system structure composed of the four elements essential to constitute a complete sense of prosecutorial power. We study the nature of the prosecutorial power, must first establish prosecutorial power structure variable description of the system, anchored form of the the prosecutorial power nature of the systematic logical cognitive system. The nature of research prosecutorial power, from the the prosecutorial power system structural elements abstract prosecutorial power nature of body, which is the study of prosecutorial power nature of the epistemological starting point. The prosecutorial power structure is the study of the nature of the police the right to pick up the academic foundation. Entity structure to answer the prosecutorial power the reason for the problem of prosecutorial power, mental construct answer prosecutorial power reason to exist, Attorney terms of reference answer prosecutorial power has been able to exist, in view of the three elements has been able to meet the requirements of exploring the the prosecutorial power nature of the low limit, this article is no longer discusses Attorney objects. The third part of the prosecutorial power of the entity structure, introduces the historical performance of the prosecutorial power entity structure, characteristics and physical structure of the significance of prosecutorial power nature. History of prosecutorial power entity structure performance for the two modes of personal sovereignty and collective sovereignty. The personal sovereignty Mode prosecutorial power is an integral part of the feudal monarchy (monarchical), is not independent of state power. Collective sovereignty model is the prosecutorial power in the national power system free from the intervention of other powers, organizational system as a whole, foreign enjoy independent collective autonomy. The collective sovereignty mode of prosecutorial power, depending on the theoretical basis of the national polity building divided into capitalist the procuratorial and socialist prosecutorial power. The prosecutorial power of the entity structure with the statist, series, local evolvability. The prosecutorial power of the entity structure only shows the external characteristics of prosecutorial power, can not reflect the nature of the prosecutorial power. The Constitution or laws of the countries in the world are the provisions of the prosecutorial power of the entity structure, but they did not specify the nature of the prosecutorial power, prosecutorial power nature has not clear jurisprudence. The fourth part of \Regulate personal sovereignty mode prosecutorial power of the spirit of the entity structure constructed \on the exercise of power concentrated in a monarchy, the prosecutorial power can only become an organic part of the monarchical. Regulation of collective sovereignty mode prosecutorial power entity structure

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