The Prosecutorial System's Development and Reform of China: A Study on Criminal Supervision
|關鍵字:||檢察制度;刑事監督;檢察改革;檢察獨立;Prosecutorial System;Criminal Supervision;Prosecutorial Reform;Prosecutorial Independence|
The prosecutorial system’s development of China, which was based on China's political and economic situation, absorbing the past political and legal system, learned from the former Soviet Union. Because China is in the transition from the rule of man to the rule of law society now, the success depends on whether the judicial system is truly independent and fair. Only striving to deepen the reform of the prosecutorial system, and the establishment of independent, fair and incorruptible prosecutorial institutions gradually can we ensure the enforcement of law strictly and judicial justice fairly. Furthermore, since the 70's of the 20th century, with the deepening of economic reform, market-oriented life and the standard of the legal system, the original systems and functions of prosecutorial institutions have become more and more difficult to meet the changing needs of society, and have to be carried out on the adjustments and reforms. China has already made great efforts for the reform measures proposed for the prosecutorial system in recent years, with a view to the establishment of socialism of Chinese characteristics. The paper proceeds with the literature analysis, comparative analysis, and statistic analysis. First, discuss the theoretical background of prosecutorial system, the content of the prosecutorial system, the principles of prosecutorial institutions and operations, as well as the principal prosecutorial authority specifically, with a view to know the outline of the operation system. Due to few incomplete prosecutorial systems, the prosecutorial institutions should make reforms in order to improve the prosecutorial functions. And make a reflection of the prosecutorial reform of the past history to ensure the deepening reform in the future. Since July 2008, the beginning of direct flight from both sides of Taiwan Strait, the cross-strait has come to a new era. Thus, two sides will get alone more closely on economic matters. In the past, criminal groups used the agreement gap to undermine the legitimate economic activities and harm public order. Fortunately in April 26,2009, “Straits Exchange Foundation” and “Association for Relations Across the Taiwan Straits” signed the "Agreement on Joint Cross-Strait Crime-fighting and Mutual Judicial Assistance," in Nanjing. This agreement on issues related to the upholding and strengthening of the order of cross-strait exchanges, such as stopping cross-border crime, protecting the rights and interests of the people, and establishing mechanisms for judicial cooperation. This agreement will have a positive impact on promoting the continued smooth development of cross-strait economic and trade relations for those who will invest, work and tour with a good legal protection mechanisms in the future.
|Appears in Collections:||Thesis|
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