检察权的制约机制研究
发布时间：2018-07-31 09:13
【摘要】：检察权的制约机制,是指以权力制约权力和以权利制约权力制衡理论构建起来的,通过设定合理的法律程序和制度,对检察权的行使进行规范、约束,从而保障其正当运行的一整套系统。研究检察权的制约机制,以检察权制约的理论基础为出发点,从检察权的外部制约和检察权的内部制约两个方面对其进行探讨分析。 检察权制约的理论基础主要是控权论、司法公正、人权保障和检察民主化。对检察权的制约机制分外部制约机制和内部制约机制两个部分,外部制约包括国家权力对检察权的制约和当事人权利以及社会权利对检察权的制约,内部制约包括检察系统内部,上下级之间、机关内部各部门之间的制约。我国检察权的制约虽已存在,但是还有许多不完善、未落实的地方,对于目前所存在的缺陷,针对性的逐一提出了完善的建议。外部制约应改善党委对对检察工作的领导与监督；完善人大的个案监督；建立法院对检察机关强制处分权的司法审查机制；加强公民权利对检察权的制约；推动人民监督员的改革完善：建立检察机关与新闻媒体的良性互动机制。内部制约应立足我国的国情和司法实践,以围绕检察职权的有效行使为中心,以检察一体化为理念,创建和完善制度建设,使检察工作的整体运行态势和质量效果得到自主有效的监管调控。通过实行内外结合、上下统一的全方位制约,力争实现检察权制约效果的最大化,从而保证检察权在法治轨道上高效、有序的运转。
[Abstract]:The restriction mechanism of procuratorial power refers to the construction based on the theory of power restricting power and right restricting power checks and balances. By setting up reasonable legal procedure and system, the exercise of procuratorial power is regulated and restricted. So as to ensure its proper operation of a set of systems. Based on the theoretical basis of procuratorial power restriction, this paper discusses and analyzes the mechanism of procuratorial power from two aspects: the external restriction of procuratorial power and the internal restriction of procuratorial power. The theoretical basis of procuratorial power restriction is power control theory, judicial justice, human rights protection and procuratorial democratization. The restriction mechanism of procuratorial power is divided into two parts: external restriction mechanism and internal restriction mechanism. The external restriction includes the restriction of state power to procuratorial power, the restriction of party rights and the restriction of social rights to procuratorial power. Internal constraints include the internal procuratorial system, between the upper and lower levels, and the internal organs between the various departments. Although the restriction of procuratorial power has already existed in our country, there are still many imperfections and unimplemented places, and some suggestions are put forward one by one for the defects that exist at present. The external restriction should improve the leadership and supervision of the Party committee to the procuratorial work, perfect the supervision of the NPC case, establish the judicial review mechanism of the procuratorial organ's compulsory punishment power by the court, strengthen the restriction of the citizen's rights on the procuratorial power; To promote the reform and perfection of people's supervisors: to establish a benign interaction mechanism between procuratorial organs and the news media. Internal restriction should be based on our country's national conditions and judicial practice, centered around the effective exercise of procuratorial power, and based on the idea of procuratorial integration, to create and perfect the system construction. Make the whole running situation and quality effect of procuratorial work get independent and effective supervision and control. Through the combination of internal and external, the unified omnidirectional restriction of the upper and lower levels, we strive to maximize the restriction effect of procuratorial power, so as to ensure the efficient and orderly operation of procuratorial power on the track of rule of law.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.3
本文编号：2155119
[Abstract]:The restriction mechanism of procuratorial power refers to the construction based on the theory of power restricting power and right restricting power checks and balances. By setting up reasonable legal procedure and system, the exercise of procuratorial power is regulated and restricted. So as to ensure its proper operation of a set of systems. Based on the theoretical basis of procuratorial power restriction, this paper discusses and analyzes the mechanism of procuratorial power from two aspects: the external restriction of procuratorial power and the internal restriction of procuratorial power. The theoretical basis of procuratorial power restriction is power control theory, judicial justice, human rights protection and procuratorial democratization. The restriction mechanism of procuratorial power is divided into two parts: external restriction mechanism and internal restriction mechanism. The external restriction includes the restriction of state power to procuratorial power, the restriction of party rights and the restriction of social rights to procuratorial power. Internal constraints include the internal procuratorial system, between the upper and lower levels, and the internal organs between the various departments. Although the restriction of procuratorial power has already existed in our country, there are still many imperfections and unimplemented places, and some suggestions are put forward one by one for the defects that exist at present. The external restriction should improve the leadership and supervision of the Party committee to the procuratorial work, perfect the supervision of the NPC case, establish the judicial review mechanism of the procuratorial organ's compulsory punishment power by the court, strengthen the restriction of the citizen's rights on the procuratorial power; To promote the reform and perfection of people's supervisors: to establish a benign interaction mechanism between procuratorial organs and the news media. Internal restriction should be based on our country's national conditions and judicial practice, centered around the effective exercise of procuratorial power, and based on the idea of procuratorial integration, to create and perfect the system construction. Make the whole running situation and quality effect of procuratorial work get independent and effective supervision and control. Through the combination of internal and external, the unified omnidirectional restriction of the upper and lower levels, we strive to maximize the restriction effect of procuratorial power, so as to ensure the efficient and orderly operation of procuratorial power on the track of rule of law.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.3
【参考文献】
相关期刊论文 前2条
1 徐阳;公检法三机关分工、制约、配合原则评析[J];河北法学;2002年02期
2 刘瑞华;论人大的个案监督[J];现代法学;2002年04期
，本文编号：2155119
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