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

Chinese procuratorial investigate the nature of jurisprudence

Author XinDongQing
Tutor LiuJinGuo
School China University of Political Science
Course Legal Theory
Keywords Prosecutorial nature Legal supervision Procuratorial system Nomology Justification System originated Judicial reform Lenin Dictatorship of the proletariat Separation of Powers
CLC D926.3
Type Master's thesis
Year 2005
Downloads 395
Quotes 3
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In the \Chinese procuratorial system because of its unique and much questioning , the paper from the legitimacy , history, comparative law and empirical investigation of jurisprudence perspective, the core argument of the Chinese procuratorial power is derived from the checks and balances of power , the nature of only legal supervision . Preface introduces the topics of the background , the object of discussion , scope and support for the view . The first part mainly through the \The second part of the prosecution system , mainly through the origin of the western expedition , reveals the prosecutorial power from the date of birth , they become unified uphold the law , to prevent administrative and judicial arbitrariness , protect human rights, safeguard judicial justice welfare and achieve the backbone supervisory is prosecutorial power inherent character. Procuratorial system through the formation of the Soviet expedition , reveals both legal thought Lenin ideological essence inherited from their predecessors , and is based on the theory of proletarian dictatorship and the objective situation in society at that time , the creation of a legal supervision as the core of the socialist procuratorial system , also been proved to have strong vitality. Origins of Chinese procuratorial system through a comprehensive investigation, prosecution system is revealed in the succession of \further strengthened the Chinese procuratorial system \The third part is mainly from the separation of powers theory, analysis of prosecutorial power in the power structure of the positioning and the \from authoritative , independent and specialized legal supervision. Meanwhile, discusses specific patterns to achieve the separation of powers can be diverse , should be based on local resources to the selection and use of the situation , especially in the parliament and the executive centralized model illustrates the people's congress system , the realization of the specific mode of power restriction to demonstrate the nature of Chinese procuratorial positioned in the legitimacy of legal supervision kernel. The fourth part of the world through the principal legal systems of the procuratorial system characteristics and reform movements of investigation, as well as joint

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