社区检察初论

发布时间：2018-10-09 10:55

【摘要】：社区检察作为一种“全新”的检察理念和检察模式,从其诞生起算不过二十余载。世界上第一个社区检察于1985年出现在美国纽约曼哈顿地区,在1993年美国检察官研究院(the American Prosecutors Research Institute,以下简称APRI )成立了专门的研究小组对社区检察的理论、实践情况进行研究。随后,英国、南非、荷兰、加拿大等国均开始了对社区检察项目的理论探讨与实践,构建了一套相对比较完整的理论体系,并通过不断的改革与创新寻找符合本国国情的实践模式。在我国,除了学者张鸿巍在其所著的《美国检察制度研究》一书中曾对社区检察进行了简单的介绍,学者几乎不涉足社区检察之理论研究。而实践中,虽然天津、上海、四川等地也建立了社区检察工作室,但这些检察工作室无论是在实践工作方面,还是司法理念方面均与社区检察有很大差异。作为一个符合检察制度发展的理念为什么在我国学界及实践界没有引起关注呢?带着这样的疑问,笔者开始了本文的写作。本文共包括三章,第一章为社区检察的理论综述,主要是对社区检察理念进行详细的介绍。本章包括三节,第一节为社区检察的概念厘清与界定,主要介绍社区检察的概念、特征及核心内容;第二节为社区检察与相关理论的关系;第三节是社区检察与传统检察的比较,主要通过四个方面来比较两者的区别与联系,以期更为清晰地界定社区检察。第二章为社区检察的域外实践及前景展望,研究分析社区检察在美国与英国的实践情况,并探讨社区检察面临的挑战及其发展前景。本章包括三节,第一节简要介绍社区检察之兴起,从历史角度认识社区检察;第二节为社区检察在国外的实践情况,主要对英美等国社区检察的实践概况进行介绍,并对域外实践中反映的共性进行概括,从实践角度展现社区检察的实施情况;第三节为社区检察的前景及展望,分析社区检察面临的挑战与质疑,探讨社区检察的发展前景与趋势。本文第三章为社区检察对于我国的借鉴意义,主要探究如何借鉴社区检察理念改革我国检察制度。本章包括三节,第一节笔者首先分析我国与英美国家的制度背景差异,分析社区检察在我国实施的限制条件;第二节探讨社区检察对我国检察制度改革的启示。
[Abstract]:Community procuratorial as a "new" prosecutorial concept and prosecutorial model, from the birth of only 20 years. The world's first community prosecutor appeared in the Manhattan area of New York in 1985. In 1993, the American Public Prosecutor Research Institute (the American Prosecutors Research Institute,) set up a special research group to study the theory and practice of community procuratorial. Subsequently, Britain, South Africa, the Netherlands, Canada and other countries all began to discuss and practice the community prosecution project, and constructed a relatively complete theoretical system. And through the continuous reform and innovation to find out the practice model in line with the national conditions. In our country, except for Zhang Hongwei, a scholar, who introduced the community procuratorial system in his book "the study of American Procuratorial system", scholars hardly set foot in the theoretical research of community procuratorial work. In practice, although Tianjin, Shanghai, Sichuan and other places have also established community procuratorial studios, but these procuratorial studios in practice, or judicial ideas are very different from community procuratorial. As a concept in line with the development of the procuratorial system, why did not attract attention in the academic and practical circles of our country? With such a question, the author began the writing of this article. This paper consists of three chapters. The first chapter is a review of community procuratorial theory, mainly on the concept of community procuratorial. This chapter includes three sections, the first section is the definition and definition of community procuratorial, mainly introduces the concept, characteristics and core content of community procuratorial, the second section is the relationship between community procuratorial and related theories; The third section is the comparison between community procuratorial and traditional procuratorial, mainly through four aspects to compare the difference and relationship between the two, in order to define community procuratorial more clearly. The second chapter is the practice and prospect of community procuratorial abroad. It studies and analyzes the practice of community procuratorial work in the United States and Britain, and discusses the challenges and development prospects of community procuratorial work. This chapter includes three sections, the first section briefly introduces the rise of community procuratorial, from the historical point of view to understand the community procuratorial; the second section is the practice of community procuratorial in foreign countries, mainly on the British and American community procuratorial practice overview, And generalize the commonness reflected in the extraterritorial practice, and show the implementation of the community procuratorial system from the perspective of practice. Section three is the prospect and prospect of the community procuratorial work, and analyzes the challenges and challenges faced by the community procuratorial work. This paper discusses the prospect and trend of community procuratorial work. The third chapter is the significance of community procuratorial to our country, mainly explores how to learn from the concept of community procuratorial reform of our procuratorial system. This chapter consists of three sections. In the first section, the author analyzes the differences between China and the United States in the background of the system, analyzes the limitations of community procuratorial system in our country; the second section discusses the enlightenment of community procuratorial system to the reform of our procuratorial system.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.3

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