派驻基层检察室建设和发展的研究
发布时间：2018-08-26 18:29
【摘要】：派驻基层检察室是基层政法机关的重要组成部分,是检察机关司法属性和工作职能的自然延伸,也是全面加速基层管理法治化之中的核心力量。加速有关基层检察室的具体构建以及发展,属于完善法律服务体系,是促进检力下沉的重要载体和有效方式,是强化法律监督职能、深入推进法治建设工作、更好地服务大局、服务人民群众、服务社区建设的客观需要,是完善中国特色社会主义检察制度、达成检察机关高效成长的必定要求。加强配套的基层检察室的建设和发展,有利于维护基层社会和谐稳定,有利于促进基层廉政建设,有利于保障基本公共服务均等化,是化解基层社会矛盾、维护稳定的需要,具有十分重要的现实意义。近年来,在最高人民检察院的明文规定和大力支持下,派驻基层检察室在各个地区之中获得了良好的发展。广东地区有关检察室的建设以及各项推进工作,均走在全国前列。本文通过对广东地区派驻基层检察室进行实地考察调研,收集数据、采样具体案例,特别是对广东地区派驻基层检察室最为突出的四种创新模式进行实证分析。从实地案例及数据来看,尽管试点地区改革取得了丰硕的成果,派驻基层检察室的组织体系和管辖制度都已具雏形,工作职能在推进基层法治建设、创新发展社区管理、维护社会稳定等方面颇具成效,但也存在不少问题。从宏观上看,派驻基层检察室的总体发展仍存在检察理论研究不深、法律地位薄弱、未能完整体现检察院职能定位,同时配套机制不完善、管理运转不顺畅等问题也成为制约其发展的因素。这些问题源自派驻基层检察室法律地位与建制不明、立法授权缺失等深层次原因。笔者认为,要进一步促进派驻基层检察室的发展和建设,巩固和完善试点地区的成果和经验,需要解决深层体制性局限问题,同时发展和完善相对应的机制建构、职能定位、队伍建设等配套建设,以此推进派驻基层检察室未来的建设和发展。
[Abstract]:The stationing of procuratorial offices at the grass-roots level is an important part of the political and legal organs at the grass-roots level, a natural extension of the judicial attributes and work functions of the procuratorial organs, and a core force in the process of speeding up the rule of law in the management of grass-roots units in an all-round way. Speeding up the concrete construction and development of the procuratorial offices at the grass-roots level belongs to the perfection of the legal service system, is an important carrier and an effective way to promote the sinking of the procuratorial force, is to strengthen the function of legal supervision, to advance the construction of the rule of law in depth, and to better serve the overall situation. It is necessary to perfect the socialist procuratorial system with Chinese characteristics and to achieve the efficient growth of procuratorial organs. Strengthening the construction and development of supporting procuratorial offices at the grass-roots level is conducive to maintaining social harmony and stability at the grass-roots level, promoting the building of a clean and honest government at the grass-roots level, ensuring equalization of basic public services, and is the need to resolve social contradictions at the grass-roots level and maintain stability. It has very important practical significance. In recent years, with the explicit regulations and strong support of the Supreme people's Procuratorate, the grass-roots procuratorial offices have achieved good development in various regions. Guangdong area concerned procuratorial office construction and each promotion work, all walks in the national front row. Based on the field investigation and investigation of the grass-roots procuratorial offices in Guangdong, this paper collects data and samples specific cases, especially the empirical analysis of the four most prominent innovation modes of the grass-roots procuratorial offices in Guangdong. Judging from the field cases and data, despite the fruitful results achieved in the reform of the pilot areas, the organizational system and the jurisdiction system attached to the procuratorial offices at the grass-roots level have taken shape, and their work functions are to promote the construction of the grass-roots rule of law and to innovate and develop community management. The maintenance of social stability and other aspects are quite effective, but there are also many problems. From the macro point of view, the overall development of the procuratorial offices at the grass-roots level still exists that the procuratorial theory is not deeply studied, the legal status is weak, the functions of the procuratorates are not fully reflected, and the supporting mechanism is not perfect. Problems such as the unsmooth operation of management have also become the factors restricting its development. These problems arise from the legal status and system of the basic procuratorial office, the lack of legislative authorization and other deep-seated reasons. The author believes that in order to further promote the development and construction of the procuratorial offices stationed at the grass-roots level, consolidate and perfect the achievements and experiences of the pilot areas, we need to solve the problem of deep institutional limitations, and at the same time develop and improve the corresponding mechanism construction and functional orientation. Team construction and other supporting construction to promote the future construction and development of procuratorial offices stationed at the grass-roots level.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.3
本文编号：2205786
[Abstract]:The stationing of procuratorial offices at the grass-roots level is an important part of the political and legal organs at the grass-roots level, a natural extension of the judicial attributes and work functions of the procuratorial organs, and a core force in the process of speeding up the rule of law in the management of grass-roots units in an all-round way. Speeding up the concrete construction and development of the procuratorial offices at the grass-roots level belongs to the perfection of the legal service system, is an important carrier and an effective way to promote the sinking of the procuratorial force, is to strengthen the function of legal supervision, to advance the construction of the rule of law in depth, and to better serve the overall situation. It is necessary to perfect the socialist procuratorial system with Chinese characteristics and to achieve the efficient growth of procuratorial organs. Strengthening the construction and development of supporting procuratorial offices at the grass-roots level is conducive to maintaining social harmony and stability at the grass-roots level, promoting the building of a clean and honest government at the grass-roots level, ensuring equalization of basic public services, and is the need to resolve social contradictions at the grass-roots level and maintain stability. It has very important practical significance. In recent years, with the explicit regulations and strong support of the Supreme people's Procuratorate, the grass-roots procuratorial offices have achieved good development in various regions. Guangdong area concerned procuratorial office construction and each promotion work, all walks in the national front row. Based on the field investigation and investigation of the grass-roots procuratorial offices in Guangdong, this paper collects data and samples specific cases, especially the empirical analysis of the four most prominent innovation modes of the grass-roots procuratorial offices in Guangdong. Judging from the field cases and data, despite the fruitful results achieved in the reform of the pilot areas, the organizational system and the jurisdiction system attached to the procuratorial offices at the grass-roots level have taken shape, and their work functions are to promote the construction of the grass-roots rule of law and to innovate and develop community management. The maintenance of social stability and other aspects are quite effective, but there are also many problems. From the macro point of view, the overall development of the procuratorial offices at the grass-roots level still exists that the procuratorial theory is not deeply studied, the legal status is weak, the functions of the procuratorates are not fully reflected, and the supporting mechanism is not perfect. Problems such as the unsmooth operation of management have also become the factors restricting its development. These problems arise from the legal status and system of the basic procuratorial office, the lack of legislative authorization and other deep-seated reasons. The author believes that in order to further promote the development and construction of the procuratorial offices stationed at the grass-roots level, consolidate and perfect the achievements and experiences of the pilot areas, we need to solve the problem of deep institutional limitations, and at the same time develop and improve the corresponding mechanism construction and functional orientation. Team construction and other supporting construction to promote the future construction and development of procuratorial offices stationed at the grass-roots level.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.3
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