关于我国当代检察权法理定位及权能配置模式的(2)
2017-08-24 01:00
导读：This work is divided into preface,main body, conclusion including five chapters. Preface: A brief introduction on the practical value and the significance on the theory of the researches of Procurater
This work is divided into preface,main body, conclusion including five chapters.
Preface: A brief introduction on the practical value and the significance on the theory of the researches of Procuraterial Power system.
The first part fully introduces the concept,the origin of procuratorial power and general meaning of research on procuratorial power,illustrates some conclusions concerning on the procuratorial power.The Chinese contemporay procuratorial power should be exerted only by national procuratorial administration according to the Constitution and law.It can prosecute all the crime publicly ,then check the crime of a particular corpus and support the national interest to basic purpose.
The procuratorial one is an indcpendent kind of power,opposite to the judicial organ with the qualities of order,and judicature.The charicteristics of the Procuratorial Power are legal,indepence and specialism,order distingushed from executive pwer,judicial power and legal supervision power.The Procuratorial Power is often realized as standard,legal order.
The second part primarily elaborat the concept of the Procuratorial Power from the legal theory,the national law and the criminal law. “Public Justice Fairy”is the highest state of the corrent judicial state,and democracy is welcome.And this is the purpose of reforming the Procuratorial Power .
The concept, mode and attribution of the Procuratorial Power are effectivelly interfered by the principles of value.priciple of efficiency and that of litigation of request,procedure of social public welfare.Considering the integration scientifically,we can take the usage of the Procuratorial Power well,at last it can necessarily guide the reform suceessfully.
The third and fourth part judges the benifits and disadvantages of the current Procuratorial Power analyzing the unreasonable causes because of the interfere of legal.adimnistration.
The fifth part (Conclusion)illustrates the analyze of the contemprary form of the Procuratorial Power.The author objectirely evaluate the total tendeney of the development, reform and completion.The author brings up the points and suggestions.That is:
（科教论文网 lw.nseaC.Com编辑发布） Make clear the difference between the legal supervision power and the Procuratorial power.
Change the mode of the appointment of the prosecutors,the way of management and pratice administration centralization dual system.Remove the irrelavant power practiced by the contemprary prosecution.
Enhance the power of interfering the litigant and national low of civil case and balance the judicial organ and gurantee.
Abolish the administraltive organization, practice the chief prosecutor to lead the whole prosecutors realize the integration.
英文关键词：Thinking on the concept and content of Chinese current procuratorial power
目录：
第一章 检察权概述
第二章 检察权定位的法理思考
第三章 当代中国检察权的职能配置及评断
第四章 当代中国检察权运行模式及评断
第五章 检察权的应然定位及权能培植、运行模式的理性思考
第一章 检察权概述
