论清末检察厅的地位-法律史专业论文.docxVIP

ABSTRACTAfter ABSTRACT After the Opium War,the country opened up，with the Western colonial invasion，the Western thought of rule of law and judicial system was imported into China．In the face of the internal and extemal problems， the ruler class of the end of the Qing started to accept all of the Western political system and judicial system．As part of the judicial system，the Prosecutorial System was imported into Chinese new judicial system． Judicial reform in late Qing Dynasty started from 1 906，and end in 1 9 1 1 with the end of the Qing Dynasty．The Public Prosecutors Office was set up in the 5 years．Although the short duration，the impact to the development of Chinese judicial system is far-reaching．The studied in the Prosecutorial System has great significance to present Prosecutorial reform．This paper will focus on the analysis to the status the Public Prosecutor’S Office，looks into the operating condition and situation of the Public Prosecutor’S Office．In this judicial reform，on one hand，the Public Prosecutor’S Office exercises the trial supervision power to the court，on the other hand，it was controlled by the agency action，and impeded the judicial independence． This paper is divided into three parts． Part I：discuss the setting up and practicing of the late Qing Dynasty Public Prosecutors Office．Describe the background of the setting up of Public Public Prosecutors Office from two parts；give a detailed description of the setting up of the Public Prosecutors Office． Part II：analyze the status of the Public Prosecutor’S Office，including the analysis of the relationship between the Public Prosecutors Office and the administrative power,the relationship between the Public Prosecutor’S Office and the judicial power,and then analyze the status of the Public Prosecutors Office，to come to the conclusion that the Public Prosecutor’S Office was lacking in the independence． Part III：analyze how to positioning to the prosecutorial power under the power check--and·-balanc