人民检察院异议请示制度研究
发布时间：2019-05-11 12:58
【摘要】：异议请示制度的设立及发展是与检察长和检察委员会、检察机关和权力机关以及检察机关上下级之间关系的变化相适应的。自我国检察制度设立以来，检察长和检察委员会的关系经历了三次变化，异议请示制度正是现行检察长和检察委员会关系的制度体现，它的产生有其自身的理论依据，是检察机关提升其决策水平，更好地维护人民群众利益的内在要求，是检察机关长期奉行的双重领导体制的必然产物。囿于制度缺陷，异议请示制度的运行程序缺乏法律规定，难以操作，自设立以来很少被运用于司法实践，在仅有的几次司法实践中也由于与其它法律规定的矛盾而出现制度冲突。随着时代的发展和我们对检察制度基本理论研究的深入，异议请示制度在现实中遇到了一些在现行法律框架下难以解决的理论难题，它不符合现行法律对检察机关与权力机关、上下级检察机关之间关系的规定，有违宪之嫌。但是在《人民检察院组织法》的历次修改中，异议请示制度并没有引起足够的重视，因此对异议请示制度的研究也就具有了必要性，，明确异议请示制度的运行程序，研究其不足之处并提出改进将对人民检察院的检察工作在理论上和实践上具有指导意义。
[Abstract]:The establishment and development of the dissenting request system is in line with the changes in the relationship between the chief procurator and the procuratorial committee, the procuratorial and power organs, and the subordinates and subordinates of the procuratorial organs. Since the establishment of the procuratorial system in our country, the relationship between the chief procurator and the procuratorial committee has undergone three changes. The dissenting request system is the embodiment of the current system of the relationship between the chief procurator and the procuratorial committee, and its emergence has its own theoretical basis. It is the inherent requirement of procuratorial organs to improve their decision-making level and better safeguard the interests of the masses of the people, and it is also the inevitable product of the dual leadership system pursued by procuratorial organs for a long time. Due to the defects of the system, the operating procedure of the dissenting request system is lack of legal provisions and difficult to operate, and has rarely been used in judicial practice since its establishment. In the only few cases of judicial practice, institutional conflicts also arise because of contradictions with other legal provisions. With the development of the times and the deepening of our research on the basic theory of procuratorial system, the dissenting request system has encountered some theoretical problems that are difficult to solve under the current legal framework, which is not in line with the current law to procuratorial organs and power organs. The provisions on the relationship between the procuratorial organs at the upper and lower levels are suspected of being unconstitutional. However, in the previous amendments to the Organic Law of the people's Procuratorate, the dissenting request system has not attracted enough attention, so it is necessary to study the dissenting request system, and it is necessary to clarify the operating procedures of the dissenting request system. To study its shortcomings and to improve the procuratorial work of the people's Procuratorate is of guiding significance both in theory and in practice.
【学位授予单位】：天津商业大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.3
本文编号：2474508
[Abstract]:The establishment and development of the dissenting request system is in line with the changes in the relationship between the chief procurator and the procuratorial committee, the procuratorial and power organs, and the subordinates and subordinates of the procuratorial organs. Since the establishment of the procuratorial system in our country, the relationship between the chief procurator and the procuratorial committee has undergone three changes. The dissenting request system is the embodiment of the current system of the relationship between the chief procurator and the procuratorial committee, and its emergence has its own theoretical basis. It is the inherent requirement of procuratorial organs to improve their decision-making level and better safeguard the interests of the masses of the people, and it is also the inevitable product of the dual leadership system pursued by procuratorial organs for a long time. Due to the defects of the system, the operating procedure of the dissenting request system is lack of legal provisions and difficult to operate, and has rarely been used in judicial practice since its establishment. In the only few cases of judicial practice, institutional conflicts also arise because of contradictions with other legal provisions. With the development of the times and the deepening of our research on the basic theory of procuratorial system, the dissenting request system has encountered some theoretical problems that are difficult to solve under the current legal framework, which is not in line with the current law to procuratorial organs and power organs. The provisions on the relationship between the procuratorial organs at the upper and lower levels are suspected of being unconstitutional. However, in the previous amendments to the Organic Law of the people's Procuratorate, the dissenting request system has not attracted enough attention, so it is necessary to study the dissenting request system, and it is necessary to clarify the operating procedures of the dissenting request system. To study its shortcomings and to improve the procuratorial work of the people's Procuratorate is of guiding significance both in theory and in practice.
【学位授予单位】：天津商业大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.3
【参考文献】
相关期刊论文 前3条
1 邱学强;论检察体制改革[J];中国法学;2003年05期
2 朱孝清;;中国检察制度的几个问题[J];中国法学;2007年02期
3 徐益初;修订人民检察院组织法的若干理论思考[J];人民检察;2004年12期
本文编号：2474508
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