中国检察学自主知识体系
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加快构建中国检察学自主知识体系助推检察理论与制度完善发展
Xin Lang Cai Jing· 2026-01-09 00:11
Group 1 - The core idea emphasizes the importance of developing a Chinese prosecutorial knowledge system guided by Xi Jinping's rule of law thought, focusing on the overall development, legal construction, and prosecutorial practice, while strengthening cooperation between prosecution and courts [2][3][4] - The theoretical framework of the Chinese prosecutorial knowledge system includes five levels: socialist rule of law theory with Chinese characteristics, legal supervision theory, judicial theory, and prosecutorial theory [3] - The construction of the prosecutorial knowledge system should be based on Marxist epistemology and practical development, aiming to create an independent and unique prosecutorial knowledge system while reducing reliance on foreign academic achievements [4] Group 2 - The modification of the criminal procedure law in 2025 is a focal point for research, particularly in enhancing the legal supervision role of prosecutorial agencies [5][6] - Proposals for optimizing the prosecutorial functions in personal coercive measures include establishing a hearing procedure for arrests and improving the review mechanisms for detention necessity [6] - The construction of legal supervision systems for property coercive measures is crucial, addressing issues of abuse and ensuring that such measures require prior approval from prosecutorial agencies [7] Group 3 - The improvement of the plea bargaining system is suggested to transform the current system into a negotiation framework, emphasizing the need for communication between defendants and their lawyers [8][9] - The establishment of a mechanism for communication between prosecution and courts regarding sentencing guidelines is proposed to enhance the efficiency of the plea bargaining process [9] - The need for a clear definition of the prosecutorial role in the connection between inspection and prosecution is highlighted, ensuring cooperation among various judicial bodies [10] Group 4 - The optimization of criminal prosecution mechanisms is essential, focusing on the supervision of illegal cross-regional law enforcement and ensuring a coordinated approach across different prosecutorial departments [11] - The establishment of a mechanism for discretionary non-prosecution is proposed, allowing for a more flexible approach to minor offenses [11][12] - The activation of prosecutorial investigative powers is suggested to address significant criminal cases directly, streamlining the decision-making process [12] Group 5 - The enhancement of civil prosecution mechanisms includes supporting lawsuits for vulnerable groups and improving the supervision of civil execution [13][14] - The establishment of a comprehensive mechanism for administrative prosecution is emphasized, ensuring a seamless connection between administrative and criminal supervision [15] - The legislative framework for public interest litigation is proposed to solidify existing practices and ensure clarity in prosecutorial responsibilities [16] Group 6 - The development of mechanisms for juvenile prosecution is highlighted, focusing on a comprehensive approach that integrates various forms of prosecution to protect minors' rights [17] - The exploration of foreign-related prosecution mechanisms is necessary to enhance the understanding and application of international law within domestic contexts [18] - The integration of technology in prosecutorial management is emphasized, aiming to improve the efficiency and effectiveness of prosecutorial functions [19] Group 7 - The pursuit of high-quality and efficient case handling is identified as a fundamental value, emphasizing the balance between correctness and justice, as well as effectiveness and efficiency [20] - The "three managements" framework is proposed as a foundational aspect of prosecutorial work, focusing on business management, case management, and quality management to enhance overall prosecutorial performance [21]