What is the German prosecutorial system like and why does it come into being?

Updated on history 2024-02-26
4 answers
  1. Anonymous users2024-02-06

    Basically similar to China, it is also a civil law system.

  2. Anonymous users2024-02-05

    Many foreign procurator systems stipulate that procurators are the main body exercising procuratorial power, and within a certain scope, procurators have independent power to dispose of procuratorial matters. China's procuratorial system is a unique procuratorial system in the world, and procuratorial organs are legal supervision organs and judicial organs determined by the Constitution and laws, and for a long time they have been entrusted with too many administrative missions, making it difficult for them to exercise procuratorial power independently, to achieve strict law enforcement, and procurators lack independence.

    With the revision of the Criminal Procedure Law and the change in the mode of court trials, the various malpractices and defects existing in China's procuratorial system have seriously restricted the development of procuratorial work, and procuratorial reform is imperative. As a result, in order to change the long-standing situation of inseparability between administrative power and procuratorial power, to ensure the independence of procurators, and to shift the exercise of procuratorial power from collective to individual, the system of chief prosecutors came into being. This system began with the exploration of grassroots procuratorial organs, and was later recognized and fully implemented by the Supreme People's Procuratorate.

    The implementation of the chief prosecutor system has strengthened the power and responsibility of procurators, promoted the elitism of procurators, and is a combination of a new case-handling mechanism and an employment mechanism.

  3. Anonymous users2024-02-04

    First of all, it is necessary to distinguish between procuratorial and supervisory supervision. Supervision is a kind of supervision system, both ancient and modern at home and abroad, and the current Chinese supervision system is embodied in the party's discipline inspection commission and the Ministry of Supervision (department) and (bureau) at the first level. Including auditing, people's congress inquiries, and so on are all forms of supervision.

    The main purpose of the procuratorial system is to make the three processes of investigation, litigation, and trial of criminal cases independent. To put it simply, investigation, prosecution, and trial are not the operation of one department, and the procuratorate is to comb through and summarize the clues and evidence provided by the public security department to initiate prosecution. In China, procuratorates at all levels are responsible for implementation.

    By the way, the inspection group of the Central Commission for Discipline Inspection that began in recent years also followed a similar system of separating investigation and prosecution, and the inspection group of the Central Commission for Discipline Inspection was only responsible for listening to opinions and checking relevant materials, and the ultimate goal was only to discover problems or clues to problems, and it was a completely different group of people who really followed the clues to investigate, so as to fundamentally put an end to the fact of engaging in officialdom retaliation in the name of anti-corruption. Therefore, the procuratorial system is a symbol of modern political civilization, and if China's procuratorial system can be further improved and enter the ranks of the world's advanced, it can be regarded as one of the symbols that China has truly entered the ranks of modern countries.

  4. Anonymous users2024-02-03

    There are three types of prosecutors in the U.S. justice system: (1) district attorneys; (2) U.S. federal prosecutors; and (3) independent prosecutors. The federal prosecutor is a civil servant, he is mainly responsible to his superiors, independent prosecutors and district attorneys, they are not part of the civil service, independent prosecutors are appointed for a special case, and district prosecutors are accountable to the people and superiors, and they are campaigned.

    No matter what the prosecutor is, it is an independent judiciary, and the great power is only reflected in the independence, and the real power is the independent prosecutor in Italy.

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