The Study On The System Of Preventing Conflict Of Interest In Chinese Procuratorate

Conflict of interest in procuratorate is the conflict between private interests of procuratorial personnel,or departmental interests of procuratorate and their public duties and obligations,which leads to the conflict between the private interests or departmental interests and the public interest represented by them,as well as conflict among different public duties and obligations undertaken by procuratorate and procuratorial personnel.With the development of economy and society in our country,the system of preventing conflict of interest in Chinese procuratorate has experienced exploration,development and continuous perfect,system content is gradually complete and comprehensive,system form is gradually synthesis and systematic,system implementation is gradually strict and in place.For achieving the target that the system of preventing conflict of interest in Chinese procuratorate more mature and well-defined,we should base upon the practice of construction of a clean and honest administration and anti-corruption in procuratorate in the new period,sum up development experience of the system of preventing conflict of interest in Chinese procuratorate,draw lessons from extraterritorial successful practice of the system of preventing conflict of interest,to improve content,integrate system hierarchy,and promote execution of the system of preventing conflict of interest in Chinese procuratorate.We should construct and perfect the system of preventing conflict of interest on procuratorial power allocation.For procuratorial power allocation between the upper and lower procuratorate,we should perfect the system of examined arrest decision put on a upper level of the direct filing and investigation cases in procuratorate.For procuratorial power allocation among different district procuratorates,we should construct the system of off-site review on case of criminal appeal in procuratorate.For procuratorial power internal allocation in procuratorate,we should carry out reform and integration of procuratorial internal departments.To prevent conflict of interest effectively,we should allocate the three concrete functions of procuratorial power such as investigation of duty crime,public prosecution and procedural supervision,to different procuratorial internal departments,in order to avoid the same internal department performing different functions,and then causing the contradiction and conflict between the character and the psychology.We should adhere to the constitutional position of procuratorate in our country,through the establishment and perfection of related mechanism,properly separate the prosecution and procedural supervision functions of procuratorate,promote coordination and compatibility between the prosecution and procedural supervision functions.We should construct and perfect the system of preventing conflict of interest on procuratorial power operation.For the system of interest avoidance,we should perfect the situation of litigation avoidance,establish and perfect whole avoidance system of procuratorate in criminal procedure,establish the non-official business avoidance system of procuratorial personnel on the basis of the taking offices avoidance,official business avoidance and litigation avoidance of procuratorial personnel provided by current laws,judicial interpretations and normative documents.On the perfection of the system of preventing conflict of interest on human resources guarantee for procuratorial power operation,we should perfect the system of preventing conflict of interest on procuratorial personnel recruiting and selection,ensure fair and just recruiting and selection of procuratorial personnel through examination,establish the selection organization relatively independent of procuratorate.To ensure procuratorate to discipline its personnel seriously and impartially,it needs to establish the disciplinary organization relatively independent of procuratorate.On the perfection of the system of preventing conflict of interest on material and funds guarantee for procuratorial power operation,we should strengthen management on procuratorial budget,expenditure and funds source,actively promote the unified management reform of funds and property in local procuratorates below the provincial level.We should construct and perfect the system of preventing conflict of interest on supervision to procuratorial power.The discipline inspection and supervision organization in procuratorate should fulfill the important task of supervision and restriction on procuratorial power,focus on the code of conduct of procuratorate and its personnel,strictly dealt with the behavior of procuratorial personnel which violates the system of preventing conflict of various types of interest,especially dealt with the inappropriate communication behavior with lawyer according to law and discipline.To reform and perfect the accredited system of the discipline inspection and supervision organization in procuratorate,we suggest all the personnel,professional work and logistics support of accredited institution brought into unified management of the commission for discipline inspection,in order to separate the personnel of accredited institution from procuratorate they accredit,strengthen the vertical management advantage and independent discipline advantage of the discipline inspection and supervision organization in procuratorate accredited by commission for discipline inspection.Perfect the legal liability and interest disposal measures to violation of system of preventing conflict of interest.Refer to and draw lessons from the relevant system of foreign countries and regions,we may take civil means to dispose the assets that may constitute the conflict of interest,to separate these assets from procuratorial personnel,and make procuratorial personnel unable to control and use these assets for private interests.Based on the reflection of traditional mode of case management,it is necessary to establish a special case management department independent of case handling departments inside procuratorate,so as to form mutual parallel and mutual restraint relationship among the case management department and the case handling departments.To strengthen the independence and authority of case management department,we should perfect the cohesion and coordination mechanism between case management department and discipline inspection and supervision organization,or procuratorial committee.In the process of performing duties of opening procuratorial affairs,we should set up the cloud concept,integrate the system of opening procuratorial affairs that meets the requirements of big data era,perfect the relief system and responsibility system for opening procuratorial affairs.It is necessary to expand the scope of procuratorial personnel who has the duty to disclose the important personal matters,expand the scope of the important personal matters which should be disclosed,establish disclosure mechanism of information about conflict of interest of procuratorial personnel.