英文摘要 |
The function of detention examination and approval is largely related to the configuration of detention approval power in the procuratorial organ. With the continuous development of the procuratorial internal institutions reform and the local pilot exploration, the detention approval power in the procuratorial organ has gradually formed three models. Among them, the investigation supervision model is the result of the internal decentralization and mutual checks in procuratorate power, but in order to guarantee the quality of case investigation, the detention approval power is used as a means of control, supervision and guidance under this model. The 'combination of detention approval and prosecution' model is the reverse operation of the abovementioned decentralization, through the centralizing of detention approval power and prosecution, which attempts to solve the problems caused by the investigation supervision model. The detention approval independence model pays more attention to the realization of the necessity examination of detention. Through the establishment of an independent executive organization, the neutrality and transcendentality of the examination subject could be guaranteed, which would realize the legal function of human rights protection. These three models all have rationality of existence and implementation, and also have a series of theoretical and practical problems. However, considering the litigation principle and the legal background, choosing any of the above models cannot solve all practical problems. By analyzing their generation context and theoretical basis, some general theories of the configuration of detention approval power can be summarized for choosing the ideal model. |