The public security is half a level lower than the judicial procuratorate in name, but it has great power, many people, quick mobilization, extensive management, and everything. The disadvantage is that the grassroots police are very tired and have little power.
When prosecutors from the procuratorate go out to do things, the general agency will give them face. It is easiest to do things for relatives and friends, and it is also the most useful for grassroots civil servants. The disadvantage is that the power is relatively empty and there is less oil and water.
The courts are not only responsible for criminal trials, but also have a monopoly on civil and administrative affairs, as well as some executive bureaus and other violent institutions. The thing about judges is that they don’t have any questions. People don't care about you at all. Once you have a problem, you are the master.
Question 2: Which is more powerful, the court or the procuratorate? In terms of level, the Public Security Bureau is lower than the courts and the Procuratorate, but the Public Security Bureau manages very practical matters, so the power it can directly use is quite large...
The Procuratorate has the authority to supervise the courts. Functions and powers are slightly greater than those of the courts.
Question 3: Does the Provincial Procuratorate or the Municipal Procuratorate have greater power? China's procuratorates are divided into four levels: the highest level, provincial procuratorates (municipalities directly under the central government), municipal procuratorates (prefecture-level cities), and county procuratorates, which are vertical leaders.
Question 4: Which one has more power, the Discipline Inspection Commission or the Procuratorate? In reality, the Discipline Inspection Commission has greater real power than the Procuratorate. The current situation in China is that the party governs the country, and the Commission for Discipline Inspection is responsible for intra-party supervision. At the same time, the leader of the Discipline Inspection Commission must be a senior official with great power within the party (currently member of the Politburo Standing Committee Huo Guoqiang). The procuratorate should have great power, but our country's judicial organs are not independent. It was only after the 15th National Congress of the Communist Party of my country in 1998 that the rule of law was officially proposed. Therefore, the judicial system is a walk-on for the party and the younger brother. This has caused the real power of the Procuratorate to almost catch up with the Discipline Inspection Commission!
Question 5: Who has more actual power, the court or the procuratorate? What about the Public Security Bureau? The Public Security Bureau, just look at this statement.
In terms of level, the Public Security Bureau is lower than the courts and procuratorates, but the Public Security Bureau manages very practical matters, so the power it can directly use is quite large...
< p>Because the procuratorate has the function of supervising the courts, it has greater power than the courts.Question 6: According to the principle of separation of powers and checks and balances, the courts and the procuratorate have the same powers. But in practice, it remains popular in the courts.
Question 7: Is the procuratorate or the court more powerful? The procuratorate is Qingshui Yamen. The court has business income, performs judicial functions, and the procuratorate performs investigation, arrest, and prosecution functions. Regarding a person's future, the court is far better than the procuratorate, but the court is busier and has more social activities, so the court has greater power than the procuratorate.
Question 8: What does the difference in power forms between the procuratorate and the court indicate? In recent years, no matter how officials and public opinion emphasize the importance of judicial power and highlight the importance of courts as the terminal of judicial power, the reality that Chinese society is dominated and centered by administrative power will not change. The strength of administrative power in Chinese society is reflected in all aspects of social operation. Although the importance of the court in the functioning of society has gradually increased, its marginal position in the state power system is obvious. Even compared with the procuratorate, which is also a judicial organ, the courts are quite weak, let alone compared with the administrative agencies.
From the perspective of power forms, there are five main differences between the procuratorate and the court: First, the investigation and prosecution work of the procuratorate is confidential, while the trial work of the court is basically open. As an investigative and prosecution organ, the procuratorate must handle specific cases in secret. A prosecutor's leak of work is a leak, and questioning by others is taboo or even illegal. Especially * * * cases involving * * officials are even more mysterious! The procuratorate prosecutes the case to the court, and the court knows the inside story, and basically the whole world knows it; secondly, the work of the procuratorate is proactive, while the work of the court is passive. The procuratorial organ can open a case for investigation based on any possible clues, and can also decide whether to prosecute based on the specific circumstances of the case. The court must wait for the procuratorate to bring the case to court before it has the power to hear it. Even ordinary civil cases are ignored. 3. The power of the Attorney General is reflected in one-vote decisions. The Attorney General has the power to raise questions and give decisive opinions on the direction, intensity and nature of the investigation in any case. The power of the president of the court is reflected in consultation and decision-making. This is because the collegial panel and judicial committee of the court implement the organizational principle of the minority obeying the majority.
Of course, the president of the court can also exert personal influence on the case, but the method must be secretive (not worthy of the name), and the effect depends on whether the people below are obedient; 4. For cases transferred to the court by the procuratorate, the judge should organize a trial and analyze the case , listen to the defense of lawyers and prosecutors, and return cases to the procuratorate for investigation if the circumstances of the case are unclear or the facts are unclear. The final judgment itself is also a summary and analysis of all procedures and processes of a case. Prosecutors have all gone through this process, and the quality of case handling will definitely be greatly improved. In recent years, corruption cases involving judges have emerged one after another. The procuratorate is supposed to be responsible for the investigation of such cases and has "taken away" many people from the courts. On this issue, the difference between the two can be summarized as follows: the court helps the procuratorate improve its quality, and the procuratorate helps the court clean up its team; fifth, the depth and intensity of mutual restrictions on authority are different. If the prosecutor's office is dissatisfied with the court's decision, it can lodge a protest, both in the criminal and civil fields. This restriction on power may seem simple, but it is actually quite beneficial. The only way for the court to restrict prosecution cases by the procuratorate is to return to investigation. The power of this restriction may seem interesting, but it is actually not painful.
If you only look at the current status of the current judicial system, the above five differences are all institutional (some are even natural), and there seems to be nothing to refute! But the problem is that compared to the procuratorate, the court’s responsibilities are more macro and political! Compared with the responsibilities of strategically important buildings, its power is passive, trivial, subject to many constraints, and even often interfered with! This imbalance of powers and responsibilities makes the image and status of the court very strange. In the judicial power system, the procuratorate is too independent and powerful, and the external prosecutorial power is becoming more and more administrative (in fact, the internal structure of the court is also becoming more and more administrative, which is another topic that needs to be discussed.), which has greatly diluted the role of the court as a seat of justice. The importance of kings. In the current atmosphere of power-oriented evaluation of the value of state organs, courts are still in the awkward position of being marginalized. So, is there something wrong with our current judicial system? Although the weakness of judicial power relative to administrative power cannot be changed for the time being, we can at least reform the judicial system and "arm" the courts with more judicial power to make them relatively powerful. After all, the most important criterion for a country’s degree of legalization is the status of its courts! You must know that only when the supreme status of the court, or the judicial terminal power represented by the court, the judicial power, is truly confirmed and implemented, can this country truly enter the track of legalization!
Question 9: Which is more powerful, the court or the procuratorate? Each has its own role
The Supreme Court and the various courts have very different responsibilities.
But in a nutshell, it is judgment and administration.
The Supreme Court has added the review of death penalty, and has the power to approve and apply analogy for crimes that are not expressly stipulated in judicial interpretations and criminal law provisions.
Responsibilities of the Procuratorate:
1. Exercise procuratorial power over major criminal cases involving treason, separate attacks on the state, and serious violations of the unified implementation of national policies, laws, and decrees.
2. Investigate major criminal cases such as crimes of corruption and bribery, crimes of dereliction of duty by state functionaries, crimes of illegal detention, torture to extract confessions, retaliation and frame-up, illegal searches by state workers, crimes that infringe on citizens’ interests, and decide whether to Arrest and prosecute criminal suspects.
3. Review cases investigated by public security agencies, national security agencies, smuggling crime investigation agencies and other investigative agencies, decide whether to approve arrests and prosecutions, and supervise the legality of the investigation activities of the investigative agencies.
4. Prosecute criminal cases and support public prosecutions; supervise whether the judicial activities of the People's Court are legal.
5. Supervise whether the criminal judgments and rulings of the People's Court are correct, and lodge protests if there are indeed errors; supervise the legality of the execution of criminal punishment activities by the execution agencies.
6. Implement legal supervision over the civil trial activities of the people's courts.
7. Implement legal supervision over administrative litigation.
8. Protect citizens’ rights to lodge complaints and accusations against state officials who have violated the law in accordance with the law, hold those who violate citizens’ personal rights, civil interests and other rights legally accountable, and accept complaints, reports and accusations from citizens.
Question 10: Which is more powerful, the court or the procuratorate? What does it matter? These are two different departments with different powers, different division of labor, and no difference in size. Of course, there are good and bad units, probably in terms of material benefits. One is how the treatment is, and the other is the convenience.
Who gets more respect from others? From a legal perspective, the Procuratorate is responsible for criminal prosecutions, investigating corruption and bribery cases, and supervising court trials. The court is responsible for hearing various cases, and finally drawing conclusions and giving results. This is the procedure for reaching final conclusions in various cases.