중화인민공화국 검찰원(檢察院) 법률감독(法律監督)의 역할과 개혁과제
The role and reformation as the legal supervisory agent of People's Procuratorate in China
김경찬(단국대학교)
34권, 251~293쪽
초록
The structure of legal supervision of prosecution in china is different from many other countries. The origin of the chinese legal supervision of prosecution came from Lenin's thought with Soviet Union, but it is synicized with peculiar form in separation and division of power. The chinese prosecution has right of overseeing the investigation of police and criminal suit including civil action and administrative litigation for the observance of law and the prevention of corruption especially in government affairs, it is distinguished from the structure of the authority of many other countries. Although the system of authority in china is toward compositive and reciprocal restriction, the independent right and power of prosecution is requested for the strong and proper examination through the legislation of inspection law of prosecution to embody the chinese Constitution, it is also based on the premise of self-transparency of prosecution and surveillance of party, assembly, court and people. The request of the supervision and observance of law in china has long history and the attempt of anti-corruption has been continued for ages, the new-china after Mao(毛) and the emerging china after the open-door policy of Deng(鄧) has multiple task for economic growth and judicial fair service through the balance and checks among the authorities founded on mutual surveillance and forceful, independent prosecution including self-inspection system in People's Procuratorate.
Abstract
The structure of legal supervision of prosecution in china is different from many other countries. The origin of the chinese legal supervision of prosecution came from Lenin's thought with Soviet Union, but it is synicized with peculiar form in separation and division of power. The chinese prosecution has right of overseeing the investigation of police and criminal suit including civil action and administrative litigation for the observance of law and the prevention of corruption especially in government affairs, it is distinguished from the structure of the authority of many other countries. Although the system of authority in china is toward compositive and reciprocal restriction, the independent right and power of prosecution is requested for the strong and proper examination through the legislation of inspection law of prosecution to embody the chinese Constitution, it is also based on the premise of self-transparency of prosecution and surveillance of party, assembly, court and people. The request of the supervision and observance of law in china has long history and the attempt of anti-corruption has been continued for ages, the new-china after Mao(毛) and the emerging china after the open-door policy of Deng(鄧) has multiple task for economic growth and judicial fair service through the balance and checks among the authorities founded on mutual surveillance and forceful, independent prosecution including self-inspection system in People's Procuratorate.
- 발행기관:
- 비교법학연구소
- 분류:
- 기타법학