2011Hebei faxueRequires access

Power Separation Rationale in the Deterrence of Prosecution Power Abuse

Xie Xiao-jian

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Abstract

As a basic method of power abuse,power separation can be applied to deter prosecution abuse.Constitutionally,prosecution either attaches to the administration,or as a independent legal supervising power,checks and balances other powers.In criminal procedure,it manifests by the independence from investigation and trial.Within prosecution,it is proved by the existence of various prosecution agencies,separation of power between individual prosecutors and the separation of charge,decision and disposition.

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What this paper is about

As a basic method of power abuse,power separation can be applied to deter prosecution abuse.Constitutionally,prosecution either attaches to the administration,or as a independent legal supervising power,checks and balances other powers.In criminal procedure,it manifests by the independence from investigation and trial.Within prosecution,it is proved by the existence of various prosecution agencies,separation of power between individual prosecutors and the separation of charge,decision and disposition.

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Available abstract

As a basic method of power abuse,power separation can be applied to deter prosecution abuse.Constitutionally,prosecution either attaches to the administration,or as a independent legal supervising power,checks and balances other powers.In criminal procedure,it manifests by the independence from investigation and trial.Within prosecution,it is proved by the existence of various prosecution agencies,separation of power between individual prosecutors and the separation of charge,decision and disposition.

Key concepts: Power (physics), Independence (probability theory), Law, Deterrence (psychology), Separation (statistics), Separation of powers, Deterrence theory, Political science

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