2010Unpublished venueRequires access

The Positioning of Procuratorial Organs in Our Country

Kun Zhang

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Abstract

As an important part of national judicial organs,procuratorial organs play an important role in judicial practice.However,there are divergences of the positioning of procuratorial organs resulted from the argument about the the nature of procuratorial power in theory and practice,and the mainstream opinion regards procuratorial organs as legal supervision departments,which has its historical and realistic basis.But it's not appropriate to make it as the national supervising organs of law since it will bring negative influence on our country's ruling-by-law practice especially the court's independent implementation of its judicial power.Therefore,it's necessary to rethink of the positioning of procuratorial organs.We should position the procuratorial organs as national public prosecution organs based on its main functions and practice in the world.

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What this paper is about

As an important part of national judicial organs,procuratorial organs play an important role in judicial practice.However,there are divergences of the positioning of procuratorial organs resulted from the argument about the the nature of procuratorial power in theory and practice,and the mainstream opinion regards procuratorial organs as legal supervision departments,which has its historical and realistic basis.But it's not appropriate to make it as the national supervising organs of law since it will bring negative influence on our country's ruling-by-law practice especially the court's independent implementation of its judicial power.Therefore,it's necessary to rethink of the positioning of procuratorial organs.We should position the procuratorial organs as national public prosecution organs based on its main functions and practice in the world.

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Available abstract

As an important part of national judicial organs,procuratorial organs play an important role in judicial practice.However,there are divergences of the positioning of procuratorial organs resulted from the argument about the the nature of procuratorial power in theory and practice,and the mainstream opinion regards procuratorial organs as legal supervision departments,which has its historical and realistic basis.But it's not appropriate to make it as the national supervising organs of law since it will bring negative influence on our country's ruling-by-law practice especially the court's independent implementation of its judicial power.Therefore,it's necessary to rethink of the positioning of procuratorial organs.We should position the procuratorial organs as national public prosecution organs based on its main functions and practice in the world.

Key concepts: Argument (complex analysis), Mainstream, Political science, Power (physics), Position (finance), Law, Law and economics, Sociology

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