The functions and powers and flocks Procuratorates
The Peoples Procuratorates atomic number 18 the Chinese criminal prosecution authorities. Unlike in many new(prenominal) countries, such as the US, they are not part of the administrative branch of the government. Another important difference is the additional project of judicial supervising that is unique to peoples procuratorates.
The foci of this musical theme is to analyze functions and powers of the Peoples Procuratorates, in particular, what are the main principles for its organization, and the differences between the Peoples Procuratorates and the Prosecution system in western countries.
First, the Structure, and exertion of Peoples Procuratorates
Structure and operation of Peoples Procuratorates
From an historic point of view, the Structure of Chinese Procuratorates was modeled on the institution of procuracy in the former Soviet Union. This Soviet procuracy was a hierarchical organization representing all everyday prosecutors, all the way down to the city or liquidation level. Similarly, the Peoples Procuratorates are structured at assorted levels of government in hierarchical order. As there are courts at four different levels within the Chinese legal system, there are besides Peoples Procuratorates delegate at each of the four levels.
The Supreme Peoples Procuratorate is on the equivalent level as the Supreme Peoples Court, the Provincial Peoples Procuratorates is on the same level as the High court, etc.
The Soviet Procuracy also had a wide range of functions, including the task of legal supervision of arrests, court decisions, public authorities etc. They were also not subject to the authority of their local soviets, and thus exercised their authority self-employed person of any regional or local government body. Similarly, obligate 129 of the Constitution of the Peoples Republic of China, and Article 1 of the Organic Law of the Peoples Procuratorates of the Peoples Republic of China stipulate that:
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