公訴權與檢察監(jiān)督關系研究.pdf

1、安徽大學碩士學位論文公訴權與檢察監(jiān)督關系研究姓名：趙琳琳申請學位級別：碩士專業(yè)：訴訟法學指導教師：余經(jīng)林2010-04II Abstract All the same, we are not sure that whether procuratorial supervision can coordinate public prosecution power or not. What is the relationship between

2、 procuratorial supervision and public prosecution power? The relationship is inclusion or coordination? Are there any contradictions and conflicts between the two? This article analyzes different views about this relatio

3、nship, and then makes sure some definition. The essence of public prosecution is procuratorial supervision, and it is the important part of procuratorial supervision. But in practice, the procuratorate departments, in p

4、articular the public prosecution department's effect of supervision is not good. There are so many reasons. Firstly, the law is too abstract, narrow and lacks compelling force. Secondly, organization setting and staf

5、f scheming are unreasonable. Responsibilities between departments are unknown or overlapping. It causes so many problems, for example, redundant examination, low efficiency and so on. The number of prosecutors and worklo

6、ad are not in proportion. Some departments have big burden, others are more leisurely. Such as public prosecutors have huge stress and big burden facing to so many criminal cases. Thirdly, public prosecutors do not like

7、to supervise and dare to supervise because they lack supervise consciousness and capability. At last, civil procedure and administrative procedure supervision is weak because of understaffed situation and unestablished p

8、ublic prosecution in civil and administrative action. Therefore, in order to improve procuratorial supervision, we should separate the right of public prosecution, investigation supervision and judicial supervision, and

9、at the same time entrust procuratorate the right of public prosecution in civil action and administrative action. Firstly, rename the department of public prosecution to criminal public prosecution. Divide the department

10、 of civil procedure and administrative procedure supervision into two: the department of civil procedure supervision and the department of administrative procedure supervision. Secondly, within departments, we should est