论我国检察机关领导体制
发布时间：2018-08-06 15:52
【摘要】：我国检察机关现行的领导体制在一定的历史时期内,曾对我国的法制建设发挥了重大作用；但是随着社会的日益变化,这种外部受制于地方,内部关系混乱的领导体制已经暴露出许多严重的弊端。胡锦涛总书记在作十七大报告时明确指出要“深化司法体制改革,优化司法职权配置,规范司法行为,建设公正高效权威的社会主义司法制度,保证审判机关、检察机关依法独立公正地行使审判权、检察权”。在这种背景下,笔者选择来讨论检察机关领导体制的问题是有着现实意义的。 本文在结构上共由四大部分组成。第一部分是关于检察机关领导体制的一般理论概述,首先对检察机关领导体制的内涵进行了界定,并进一步从外部和内部领导体制对检察机关领导体制的内涵进行梳理。其次介绍了检察机关领导体制的主要类型,通过考察当今世界各国,分别举例介绍了垂直领导体制、双重领导体制、双轨式领导体制并从内部讨论了一长负责制和集体领导制。再次,由于我国检察制度建立之初深受苏联的影响,所以在第一部分对社会主义国家(苏联)领导体制的诞生进行了描绘,最后,通过结合苏联时期检察机关领导体制对我国的影响,介绍了我国检察机关领导体制的演变过程。第二部分介绍了俄罗斯联邦现行的检察领导体制。通过对俄罗斯联邦现行检察机关的领导体制的认识,以期望对改革我国现行检察机关领导体制有所启发。第三部分从内外两方面分别介绍了我国检察机关领导体制的内容并对其进行利弊分析,进而分析改革我国现行检察机关领导体制是大势所趋。第四部分也就是本文的最后一部分,主要从三个方面对改革我国现行检察机关领导体制提出构想,然后考虑到改革的长期性和复杂性,提出可以先在省级以下检察机关实行垂直领导,作为在全国范围内最终全面实行垂直领导的过渡阶段的建议。最后在结语部分,我们既看到改革检察机关领导体制的希望,同时也要明白这项改革不能一蹴而就,是需要一个过程的,它需要全国人民上下一心、同心协力、努力拼搏才能实现。
[Abstract]:The current leading system of procuratorial organs in China has played an important role in the construction of the legal system in China during a certain historical period. However, with the increasing changes in society, this external system has been restricted by the local authorities. The chaotic internal relationship of the leadership system has exposed many serious drawbacks. In his report to the Seventeenth National Congress, General Secretary Hu Jintao clearly pointed out that he should "deepen the reform of the judicial system, optimize the allocation of judicial functions and powers, standardize judicial conduct, build a fair, efficient and authoritative socialist judicial system, and ensure the judicial organs." Procuratorial organs exercise judicial power and procuratorial power independently and impartially according to law. " In this context, the author chooses to discuss the procuratorial leadership system is of practical significance. The structure of this paper is composed of four parts. The first part is an overview of the general theory of the procuratorial organ leadership system. Firstly, it defines the connotation of the procuratorial organ leadership system, and further combs the connotation of the procuratorial organ leadership system from the external and internal leadership system. Secondly, this paper introduces the main types of the procuratorial organs' leading system, introduces the vertical leadership system, the dual leadership system and the two-track leadership system, and discusses the one-long responsibility system and the collective leadership system from the inside. Thirdly, because the procuratorial system of our country was deeply influenced by the Soviet Union at the beginning of its establishment, so in the first part, the birth of the leadership system of the socialist country (Soviet Union) was described. Finally, Combined with the influence of the procuratorial organ leadership system in the Soviet Union on our country, this paper introduces the evolution process of the procuratorial organ leadership system in our country. The second part introduces the current prosecutorial leadership system in the Russian Federation. Through the understanding of the leading system of the current procuratorial organs in the Russian Federation, it is expected that it will inspire the reform of the present leading system of the procuratorial organs in our country. The third part introduces the contents of the leading system of procuratorial organs in our country from both inside and outside, and analyzes its advantages and disadvantages, and then analyzes that it is the trend of the times to reform the current leading system of procuratorial organs in our country. The fourth part is the last part of this paper, mainly from three aspects to reform the current procuratorial organ leadership system, and then consider the long-term nature and complexity of the reform. The paper puts forward the suggestion that vertical leadership can be carried out in procuratorial organs below provincial level first, as the transitional stage of implementing vertical leadership in the whole country. Finally, in the conclusion, we not only see the hope of reforming the leading system of procuratorial organs, but also understand that this reform cannot be accomplished overnight, it needs a process, and it requires the people of the whole country to work together with one heart and one mind. It is only through hard work that we can achieve it.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.3
本文编号：2168213
[Abstract]:The current leading system of procuratorial organs in China has played an important role in the construction of the legal system in China during a certain historical period. However, with the increasing changes in society, this external system has been restricted by the local authorities. The chaotic internal relationship of the leadership system has exposed many serious drawbacks. In his report to the Seventeenth National Congress, General Secretary Hu Jintao clearly pointed out that he should "deepen the reform of the judicial system, optimize the allocation of judicial functions and powers, standardize judicial conduct, build a fair, efficient and authoritative socialist judicial system, and ensure the judicial organs." Procuratorial organs exercise judicial power and procuratorial power independently and impartially according to law. " In this context, the author chooses to discuss the procuratorial leadership system is of practical significance. The structure of this paper is composed of four parts. The first part is an overview of the general theory of the procuratorial organ leadership system. Firstly, it defines the connotation of the procuratorial organ leadership system, and further combs the connotation of the procuratorial organ leadership system from the external and internal leadership system. Secondly, this paper introduces the main types of the procuratorial organs' leading system, introduces the vertical leadership system, the dual leadership system and the two-track leadership system, and discusses the one-long responsibility system and the collective leadership system from the inside. Thirdly, because the procuratorial system of our country was deeply influenced by the Soviet Union at the beginning of its establishment, so in the first part, the birth of the leadership system of the socialist country (Soviet Union) was described. Finally, Combined with the influence of the procuratorial organ leadership system in the Soviet Union on our country, this paper introduces the evolution process of the procuratorial organ leadership system in our country. The second part introduces the current prosecutorial leadership system in the Russian Federation. Through the understanding of the leading system of the current procuratorial organs in the Russian Federation, it is expected that it will inspire the reform of the present leading system of the procuratorial organs in our country. The third part introduces the contents of the leading system of procuratorial organs in our country from both inside and outside, and analyzes its advantages and disadvantages, and then analyzes that it is the trend of the times to reform the current leading system of procuratorial organs in our country. The fourth part is the last part of this paper, mainly from three aspects to reform the current procuratorial organ leadership system, and then consider the long-term nature and complexity of the reform. The paper puts forward the suggestion that vertical leadership can be carried out in procuratorial organs below provincial level first, as the transitional stage of implementing vertical leadership in the whole country. Finally, in the conclusion, we not only see the hope of reforming the leading system of procuratorial organs, but also understand that this reform cannot be accomplished overnight, it needs a process, and it requires the people of the whole country to work together with one heart and one mind. It is only through hard work that we can achieve it.
【学位授予单位】：郑州大学
【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9条
1 谢鹏程;论检察官独立与检察一体[J];法学杂志;2003年03期
2 陈立峰;高晓峰;;我国检察机关内部领导体制的成因分析[J];吉林广播电视大学学报;2006年01期
3 韩大元;关于检察机关性质的宪法文本解读[J];人民检察;2005年13期
4 徐鹤喃;检察官法立法原理分析与完善思考[J];人民检察;2005年16期
5 胡盛仪;中国检察机关领导体制改革之我见[J];河南省政法管理干部学院学报;2002年03期
6 刘向文;王圭宇;;俄罗斯联邦检察制度及其对我国的启示[J];中国刑事法杂志;2010年09期
7 浙江省嘉兴市人民检察院课题组;;省级以下检察机关垂直管理体制研究[J];国家检察官学院学报;2006年02期
8 卞建林;田心则;;论我国检察机关领导体制和职权的改革与完善[J];国家检察官学院学报;2006年05期
9 刘立宪,吴孟栓;国际检察制度发展趋势的把握和分析[J];国家检察官学院学报;1999年03期
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