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Insider prosecutor Yu Zhangxun is good.
The Insiders is a crime film based on Yoon Fe-ho's manga of the same name, directed by Oh Min-ho and starring Lee Byung-hun, Cho Seung-woo and Baek Yoon-sik, which was released in South Korea on November 19, 2015.
Brief introduction. Ahn Sang-gyu (played by Lee Byung-hun) is a "political hooligan" who specializes in assisting ** candidates and chaebol presidents to run errands and engage in private transactions in the political circles. Yu Zhangxun (played by Cho Seung-woo), the prosecutor of the Special Search Department, asked Ahn Sang-gyu to help him testify against corruption behind the scenes, and Sang-gyu, who was bent on revenge, teamed up with **commentator Lee Kang-seok (played by Baek Yoon-sik) to corrupt them one by one.
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No matter where the prosecutor should be good, because he or she is the people's minister, and the country's civil servants are all for the people.
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There are good guys and bad guys in prosecutors.
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There are good guys and bad guys in prosecutors.
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Legal analysis: In the procuratorate, not all prosecutors are required, and only those who meet certain conditions can serve as prosecutors.
Legal basis: "Procurators Law of the People's Republic of China" Article 10: To serve as a procurator, the following requirements must be met: (1) Have the nationality of the People's Republic of China; (2) Be at least 23 years old; (3) Supporting the Constitution of the People's Republic of China; (4) Have good political and professional qualities and good conduct; (5) Be in good health; (6) Graduated from a college or university with a bachelor's degree in law, or a graduate from a non-law major from a college or university with specialized legal knowledge, and have been engaged in legal work for at least two years, of which those who have served as procurators of the people's procuratorate or Supreme People's Procuratorate of a province, autonomous region, or directly governed municipality shall have engaged in legal work for at least three years; Those who have obtained a master's degree or doctorate degree in law or a master's degree or doctorate degree in non-law majors have specialized knowledge in law, and have engaged in legal work for at least one year, of which those who have served as procurators of provincial, autonomous region, or directly governed municipality people's procuratorates or Supreme People's Procuratorates shall have been engaged in legal work for two years or more.
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The duties of procurators are: to carry out legal supervision in accordance with the law; prosecuting on behalf of the State; Conduct investigations of criminal cases that are directly accepted by the people's procuratorate as prescribed by law; other duties required by law; administrative prosecution and so on.
Procurators are procurators who exercise state procuratorial power in accordance with law, including chief procurators, deputy chief procurators, members of procuratorial committees, procurators, and assistant procurators of specialized people's procuratorates such as the Supreme People's Procuratorate, local procuratorates at all levels, and military procuratorates.
Prosecutors must faithfully enforce the Constitution and laws and serve the people wholeheartedly. Procurators perform their duties in accordance with law and are protected by law. Those who have previously received criminal punishment for crimes; Persons who have been dismissed from public office may not serve as prosecutors.
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Prosecutors are civil servants.
China's civil servants refer to those who perform public duties in accordance with the law and are included in the national administrative establishment.
The wages and benefits of the staff are borne by the state treasury, compared to Western countries.
The scope of civil servants is broader in Western countries, and "civil servants" generally refer to state employees who have been appointed to ** positions through non-electoral procedures.
Civil servants in the UK generally refer to all civil servants below the rank of Permanent Undersecretary.
They are recruited on the basis of merit through public examinations and do not advance or retreat with the cabinet; Staff members who have been elected or politically appointed and who are local** are not civil servants.
U.S. Federal**.
The scope of civil servants refers only to those who perform official duties in the federal ** executive agencies of the United States; Employees of the National Assembly and judges of the courts, the Civil Service Act does not apply.
Military personnel (other than civilian personnel) and personnel working in non-** institutions such as political parties are also not civil servants. All public officials in France from ** to localities.
Collectively referred to as civil servants, it roughly includes ****.
Civil servants, local public ** civil servants, and civil servants of public public institutions (e.g. health care institutions), but excluding parliamentary staff and court staff. Public servants in Japan are divided into national and local civil servants.
In view of the fact that China's cadre management system is in the process of being reformed, and that the scope of civil servants needs to be consistent with the cadre management system at the present stage and to the process of democratic political development, the "Civil Servants Law" defines civil servants as "staff members who perform public duties in accordance with the law, are included in the state administrative establishment, and whose wages and benefits are borne by the state treasury."
Therefore, the scope of civil servants in China includes: the Communist Party of China and the democratic parties.
agency staff; staff of people's congresses at all levels; staff of state administrative organs at all levels; staff of CPPCC organs at all levels; Judge; Prosecutors, etc. This is broader than the scope of civil servants in many Western countries.
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Procurators are civil servants and belong to the civil service establishment of the Public Prosecutor's Office.
According to the provisions of the Civil Servants Law of the People's Republic of China, procurators belong to the staff of procuratorial organs and belong to the category of state civil servants
1. Organs of the Communist Party of China at all levels;
2. People's congresses at all levels and their standing committees;
3. Administrative organs at all levels;
4. Committees at all levels of the Chinese People's Political Consultative Conference;
5. Adjudication organs at all levels;
6. Procuratorial organs at all levels;
7. Organs at all levels of the democratic parties and the Federation of Industry and Commerce.
1. Procurators shall perform the following obligations:
1. Strictly abide by the Constitution and laws;
2. The performance of duties must be based on facts, take the law as the criterion, enforce the law impartially, and must not bend the law for personal gain;
3. Safeguard national interests, public interests, and the legitimate rights and interests of natural persons, legal persons and other organizations;
4. Be honest and honest, loyal to their duties, abide by discipline and abide by professional ethics;
5. Keep state secrets and procuratorial work secrets;
6. Accept legal supervision and people's supervision.
II. Duties of the Prosecutor:
1. Carry out legal supervision in accordance with the law;
2. Prosecuting on behalf of the state;
3. Conduct investigations of criminal cases that are directly accepted by the people's procuratorate as prescribed by law;
4. Other duties prescribed by law.
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The difference between a prosecutor and a lawyer:
1. Different identities:
First of all, the prosecutor is a state civil servant.
Whereas, lawyers are freelancers.
The Public Prosecutor is a staff member of the State Public Prosecution Service. A lawyer is a legal service worker.
3. Procurators work with the state's salary, and lawyers do things with their clients' money.
In court, the procurator, as the prosecution, conducts a series of court activities, firstly, to prove the guilt of the charges charged by the prosecution, and secondly, to make recommendations to the court on the basis of the specific circumstances of the case to give the defendant a lighter, mitigated, or heavier punishment.
The lawyer's primary task is to make a recommendation to the court in accordance with the law that the defendant should be acquitted or that the punishment be mitigated, mitigated or exempted, and he can make a not-guilty defense (innocent) or a guilty defense, and when he makes a guilty defense, he can agree with the prosecutor's characterization of the case, but he cannot be the second prosecution, and fully agree with the prosecution's point of view.
3. Different salary methods:
Procurators are paid by the state, and the salary system and salary standards for procurators are to be prescribed by the state in accordance with the characteristics of procuratorial work. A lawyer is doing things with his client's money.
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Prosecutors are, of course, civil servants, and they are also relatively "sophisticated" in the civil service.
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It must be, not that it can't be held.
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The Public Prosecutor is a State civil servant.
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For the time being, the investigators of the Public Prosecutor's Office are also procurators or assistant procurators. It's just a staff member of the anti-corruption and anti-malfeasance department.
Legal basis: "People's Procuratorate Rules for the Supervision of Civil Litigation" Article 31: Where a party applies to the people's procuratorate for supervision in accordance with the provisions of the first paragraph of article 209 of the "Civil Procedure Law of the People's Republic of China", the people's procuratorate will not accept it in any of the following circumstances:
1) The parties have not applied to the people's court for a retrial, or the application for retrial exceeds the time limit provided by law;
2) The people's court is currently conducting a review of an application for civil retrial, except where a ruling has not been made on the application for retrial for more than three months;
3) The people's court has already ruled on a retrial and the trial has not yet been concluded;
4) Where a judgment or mediation dissolves the marital relationship, except where the division of property is not satisfied;
5) The people's procuratorate has already made a decision after the review has been concluded;
6) The civil judgment, ruling, or mediation document is made by the people's court after a retrial on the basis of the people's procuratorate's prosecutorial counter-appeal or retrial procuratorial recommendation;
7) Other circumstances that should not be accepted.
Article 10 of the Procurators Law of the People's Republic of China: The following requirements must be met to serve as a procurator:
1) Have the nationality of the People's Republic of China.
(2) Be at least 23 years old;
(3) Supporting the Constitution of the People's Republic of China;
(4) Have good political and professional qualities and good conduct;
(5) Be in good health;
6) Graduates of institutions of higher learning majoring in law, or graduates of non-law majors from institutions of higher learning with specialized legal knowledge, have been engaged in legal work for two years, of which serving as procurators of provincial, autonomous region, or directly governed municipality people's procuratorates or Supreme People's Procuratorates shall have been engaged in legal work for three years and have obtained a master's degree or doctoral degree in law, or a master's degree or doctorate degree in non-law majors with specialized legal knowledge, and have engaged in legal work for one year or more, of which they have served as the people's procuratorate of a province, autonomous region, or municipality directly under the Central Government, Procurators of the Supreme People's Procuratorate shall have been engaged in legal work for two years. Where there is truly difficulty in applying the academic requirements provided for in item (6) of the first paragraph, upon review and determination by the Supreme People's Procuratorate, the educational requirements for serving as procurators may be relaxed to a college or university majoring in law for a set period of time.
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