In Japan, the victims hold the "relative right of prosecution", but China gives the victims the right of direct prosecution.
日本被害人仅有“准起诉权”,我国赋予被害人直接起诉权。
The relation between the right of investigation and prosecution is the topic that has been discussed in jurisprudential circle.
侦查权与控诉权的关系一直是近几年来法学界讨论的话题。
We take the criminal right of public prosecution as an example to discuss to function of right of public prosecution from the perspective of substance and procedure.
以刑事公诉权为范例探讨公诉权的功能与作用,可从实体和程序两个角度予以分析。
Besides, there exists the corresponding rationality for entrusting the procuratory organ with the right of civil public prosecution.
此外,在诉讼理论上赋予检察机关民事公诉权也具有其相应的合理性。
Under the condition of the law and public prosecution practice, this paper analyzes the position of the public prosecution based on the right of public prosecution and the right of legal supervision.
从现行法律规定和公诉实践出发,根据公诉权与法律监督权的共生性为理论,应当认为公诉的立场仍然是维护法律秩序;
Then, in the third chapter from the legal, law, judicial practice of China's reality of the aspects of activities to give our prosecutors the right to reasonable civil prosecution had demonstrated.
紧接着,在第三章中从法理、法律、我国现实的司法实践活动三个方面对赋予我国检察机关民事公诉权的合理性进行了论证。
In fact it is not only related to the right guarantee of the injured party but also to many problems such as the prosecution right scheme and constitution etc. and therefore worthy of further study.
实际上,刑事被害人在刑事诉讼中的地位是一个不仅关系到被害人权利保障,还关系到起诉权的配置、诉讼构造的建构等诸多方面的问题,值得深入研究。
Based on this, it is necessary to our country from the following aspects of the investigation the prosecution the right to conduct a study on the control.
基于此,有必要从以下方面对我国检察机关侦查权的控制展开研究论述。
At the early beginning of human history, criminality is deemed as the behavior against personal interest, hence the victim had the exclusive right to decide whether to start the prosecution or not.
在人类社会之初,犯罪被认为是损害个人利益的行为,实行不告不理,起诉完全由私人进行。
The establishment and complement is helpful to resolve the contradiction between the strengthening of the discretion of public prosecution and the right to supervise.
被害人追诉权救济制度的建立和完善有利于解决公诉自由裁量权增强和权利监督之间的矛盾。
As an important part of criminal proceedings, the right of public prosecution is also the most fundamental and important method to exercise the criminal proceedings.
公诉权作为刑事诉讼中的重要环节,也是刑事诉权行使的最基本和最重要的方式。
Right to suspend prosecution of the concrete application of the system put forward their own point of view.
对暂缓起诉制度的具体应用提出了自己的观点。
In the process of prosecution, the injured enterprise can also be permitted to turn to private prosecution as the injured person does if law can't realize the right of accusation.
被害单位在公诉程序中若不能依法实现控告权,也应允许同被害人一样转向自诉程序。
The standard of evidence of prosecution should not lower and the restrictive system of non-prosecution discretionary right should be improved.
我国提起公诉的证据标准不宜放低,对不起诉裁量权的制约机制还应完善。
The right of silence is a right given to the man under prosecution not to be questioned by the prosecutor.
沉默权,即被追诉者享有的、对追诉者的讯问缄口不语的权利。
The right of evidential investigation of lawyers is a burden of producing evidence while it is a burden of adducing evidence for the prosecution party to prove guilty.
律师的调查取证权在性质上是举证责任,控诉方的调查取证权性质上是证明责任。
Therefore, a scientific and rational non-prosecution discretion restriction system is the necessary conditions to guarantee the right performance of the discretion.
因此,科学、合理的不起诉裁量权制约制度是保证不起诉裁量权正确行使的必要条件。
The decision-making right of non-prosecution has many limits and its function is severely weakened, what's more, the legal basis of the decision-making right of non-prosecution is queried.
不起诉决定权受到诸多限制,其功能被严重弱化,而且不起诉决定权的法律基础受到质疑。
Based on the theory of prosecutorial supervision and the principle of public benefit, it is suggested that the prosecutorial organ have the right of public prosecution in dealing with civil cases.
基于检察监督理论和公益原则,检察机关应当具有一定的民事诉权。
The basis for the right hereof is right to discretion over non-prosecution, which is the product of the doctrine of free evaluation prosecution.
其权利基础是不起诉裁量权,它是起诉便宜主义的产物。
The basis for the right hereof is right to discretion over non-prosecution, which is the product of the doctrine of free evaluation prosecution.
其权利基础是不起诉裁量权,它是起诉便宜主义的产物。
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