检察机关内部监督体制建设研究
发布时间：2018-08-08 21:03
【摘要】：我国检察机关是国家法律监督机关,依法行使法律监督权。但是,检察机关监督别人,谁来监督检察机关?加强检察机关内部监督,不仅要依靠社会各界的监督,也要坚持和加强自身内部监督。 检察机关内部监督,源于秦朝监察制度,在唐代的御史台制度中得到进一步发展,在当时也取得了一定的效果。但是,随着历史的不断发展,社会多元化复杂性,导致检察机关内部监督现状日益形式化。因此,检察机关应采取坚决有力的措施,强化检察机关内部监督制约,改变内部监督形式化,表面化现象,要推动内部监督工作取得新的成效,确保检察机关在完善自身净化后,对外能够严格、公正、文明、廉洁执法。 在各级检察机关加强自身内部监督的过程中,经常会遇到各部门之间监督制约力度不够、行政性监督过于形式化、检委会的作用在履行职责过程中不能得到充分发挥等现象,因此,为了保证检察机关内部监督的公开化,透明化、效率化,就应该遵循权力制约、法经济学等理论,在实践中要严格按照依法监督、内外结合、上下一体、司法独立等一系列原则进行自我监督,对出现的问题要及时发现并予以坚决纠正；对违法违纪行为,要严肃追究。严格杜绝检察机关地方保护主义,改变检察机关对具体案件的审查只重视事后监督,不重视事前和事中监督等现象。要充分发挥检察机关内部横向监督与纵向监督的功能,努力实现机关内部监督重点向具体的办案流程转移,实现监督机构法定化,监督活动程序化,同时,还应加强机关领导人员与一般工作人员相互间的监督力度,形成相互制约机制,保证检察人员自身的廉洁性,促进内部监督取得实效,保证检察人员的办案效率以及检察机关内外部工作过程中的廉洁性。
[Abstract]:The procuratorial organ of our country is the national legal supervision organ, exercise the legal supervision power according to law. But, the procuratorial organ supervises others, who will supervise the procuratorial organ? To strengthen the internal supervision of procuratorial organs, we should not only rely on the supervision from all walks of life, but also insist on and strengthen our own internal supervision. The internal supervision of procuratorial organs, originated from the supervision system of Qin Dynasty, was further developed in the system of imperial history in the Tang Dynasty, and achieved certain results at that time. However, with the development of history and the complexity of social diversity, the present situation of internal supervision of procuratorial organs is becoming more and more formalized. Therefore, procuratorial organs should take resolute and effective measures to strengthen the internal supervision and control of procuratorial organs, change the formal and superficial phenomenon of internal supervision, and promote the work of internal supervision to achieve new results. Ensure that procuratorial organs can enforce the law strictly, fairly, civilly and cleanly after perfecting their own purification. In the process of strengthening their own internal supervision, procuratorial organs at all levels often encounter such phenomena as insufficient supervision and restriction among various departments, too formalized administrative supervision, and failure to give full play to the role of the procuratorial committee in the course of performing its duties. Therefore, in order to ensure the openness, transparency and efficiency of the internal supervision of the procuratorial organs, we should follow the theories of power restriction, law and economics, and in practice strictly follow the supervision according to the law, combine the inside and outside, and integrate up and down. A series of principles, such as judicial independence, should be self-supervised, and problems should be promptly discovered and resolutely corrected, while violations of law and discipline should be seriously investigated. Strictly put an end to the local protectionism of procuratorial organs, change the procuratorial examination of specific cases only pay attention to ex post supervision, do not attach importance to prior and in-process supervision and other phenomena. It is necessary to give full play to the functions of horizontal and vertical supervision within the procuratorial organs, to make efforts to shift the focus of internal supervision of the organs to specific case-handling processes, to legalize the supervisory bodies, and to program the supervisory activities, at the same time, It is also necessary to strengthen the mutual supervision between leading personnel of organs and general staff, to form a mechanism of mutual restraint, to ensure the integrity of procuratorial personnel themselves, and to promote the internal supervision to achieve actual results. To ensure the efficiency of procuratorial personnel and procuratorial organs in the internal and external work process of integrity.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.3
本文编号：2173031
[Abstract]:The procuratorial organ of our country is the national legal supervision organ, exercise the legal supervision power according to law. But, the procuratorial organ supervises others, who will supervise the procuratorial organ? To strengthen the internal supervision of procuratorial organs, we should not only rely on the supervision from all walks of life, but also insist on and strengthen our own internal supervision. The internal supervision of procuratorial organs, originated from the supervision system of Qin Dynasty, was further developed in the system of imperial history in the Tang Dynasty, and achieved certain results at that time. However, with the development of history and the complexity of social diversity, the present situation of internal supervision of procuratorial organs is becoming more and more formalized. Therefore, procuratorial organs should take resolute and effective measures to strengthen the internal supervision and control of procuratorial organs, change the formal and superficial phenomenon of internal supervision, and promote the work of internal supervision to achieve new results. Ensure that procuratorial organs can enforce the law strictly, fairly, civilly and cleanly after perfecting their own purification. In the process of strengthening their own internal supervision, procuratorial organs at all levels often encounter such phenomena as insufficient supervision and restriction among various departments, too formalized administrative supervision, and failure to give full play to the role of the procuratorial committee in the course of performing its duties. Therefore, in order to ensure the openness, transparency and efficiency of the internal supervision of the procuratorial organs, we should follow the theories of power restriction, law and economics, and in practice strictly follow the supervision according to the law, combine the inside and outside, and integrate up and down. A series of principles, such as judicial independence, should be self-supervised, and problems should be promptly discovered and resolutely corrected, while violations of law and discipline should be seriously investigated. Strictly put an end to the local protectionism of procuratorial organs, change the procuratorial examination of specific cases only pay attention to ex post supervision, do not attach importance to prior and in-process supervision and other phenomena. It is necessary to give full play to the functions of horizontal and vertical supervision within the procuratorial organs, to make efforts to shift the focus of internal supervision of the organs to specific case-handling processes, to legalize the supervisory bodies, and to program the supervisory activities, at the same time, It is also necessary to strengthen the mutual supervision between leading personnel of organs and general staff, to form a mechanism of mutual restraint, to ensure the integrity of procuratorial personnel themselves, and to promote the internal supervision to achieve actual results. To ensure the efficiency of procuratorial personnel and procuratorial organs in the internal and external work process of integrity.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.3
【引证文献】
相关期刊论文 前1条
1 叶榕勤;范艳利;;检察机关自侦案件内部监督机制研究——以公诉实务为视角[J];福建法学;2013年01期
相关会议论文 前1条
1 叶榕勤;范艳利;;新刑诉法背景下以公诉为目的导向的自侦案件内部监督机制研究——以公诉实务为视角[A];第九届国家高级检察官论坛论文集：法治思维与检察机关自身监督制约机制建设[C];2013年
，本文编号：2173031
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