论我国检察机关诉讼职能与诉讼监督职能的适当分离-经济法学专业论文.docxVIP

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract Our country about the nature of the procuratorial organ and ownership debate has a long history, with nearly two years Hubei province procuratorial organs to explore the implementation of two appropriate separation reform, on the function configuration controversy once again become the focus of theoretical research. This paper selects the procuratorial organ legal function and lawsuit supervision function of appropriate separation make some specific analysis research, and strive to two appropriate separation carry out smoothly further tamp theory foundation and explore the practical path. This paper is divided into four parts, separately elaborated the problem of four respects, namely: why can execute appropriate separation?Why the need for the appropriate?Foreign related functions to set the research status?How to implement the appropriate?How to promote the organic combination of theory and practice innovation, implementation difficulties?The first part, mainly from the perspective of legal theory analysis of procuratorial rights attribute and characteristics, the paper focuses on the power of the procuratorial power is the dialectical unification in legal supervision power, can under the proper separation of the organic component. The second part, mainly from the comparative perspective, comparative analysis overseas on procuratorial system related to the design and the research situation, reach to our country procuratorial function configuration of the enlightenment. The third part, mainly from the practical need to elaborate proper separation of necessity, focus on the analysis of the traditional mode case is facing the problems and challenges, from the authority of procuratorial system construction of reality need, strengthen the legal supervision, procuratorial system is the inevitable choice of reform important content, the standard executes the law behavior intrinsic requirements, analysis and argumentati