Study On The System Of The Procuratorial Committee

As a unique innovation of socialist procuratorial system with Chinesecharacteristics, procuratorial committee system played an important role inprocuratorial system.With judicial reform’s deepening, academic world and practical departmentpay more and more attention to theoretical research of procuratorial system, butthere is little about procuratorial committee system. It is not assort with theinfluence of procuratorial committee system. These days, there are still someproblems in the theoretical research of the system, such as conservative habit,narrow field of view, little fruits, and inadequate objective reason. Due to lack ofnew idea, some section type research can’t study further, and even somemisunderstanding existing in some of those problems. There is not in-depth andsystematically deduce the Chinese characteristics, essential attribute, valueorientation, developmental history, state-of-the-art, reform orientation ofprocuratorial committee system. On the practice level, procuratorial committee system is continue developing with many fruits of standardization construction,yet most meaningful problems need to be reveal systematically and recognizeaccuracy, as those problems weaken the actual influence of reform. Thoseproblems restricted the function of procuratorial committee system, and madethe judicial fairness, judicial efficiency, and judicial authority unbelievable.We need to research on procuratorial committee system, as its theoreticalvalue and practical significance play an important role. On the theoreticalperspective, through systematically revive and profoundly recognize theprocuratorial committee system, we can differentiate some obscure problems,summarize the rules, and provide substantial theoretical foundation for therationality of the system, stability of the system and necessity of the reform. Sowe can direct the reformational practice of this system with those basic theoriesof. On the practical perspective, as those problems are revealing and analyzingtargeted, we can find the starting point of reform and give some feasibility,constructive ideas to perfect the procuratorial committee system especiallyinnovation of mechanism. From the procuratorial committee system, we can even survey the value orientation and basic law which should follow in thereform.In chapter one, according to the basic principles of procuratorial committeesystem, we’ll emphasis on arguing the valuable function, basic attribute,theoretical basis of the system, as well as to comparative discuss the judicialmode of group decision, and to answer some related theoretical questions aboutthe procuratorial committee system. In summary, I’ll introduce the concept,nature, and characteristic of the system. Under preside of the chief procurator,procuratorial committee is a decision-making body which makes decision onimportant case and other vital problems through internal discuss. Procuratorialcommittee system is a complex which sums up the type of organization,operating mechanism, legal norm of procuratorial committee. Base on the chiefprocurator responsibility system, committee is a collective leadershipmechanism and a group decision mode with Chinese characteristics. Then I’llintroduce basic function, structural system, and operating mechanism of currentcommittee. With regard to the value, the system is an impetus of its development, is a necessary supplement of the leadership structure, is a realization way ofjudicial democracy, is a guaranty of judicial fairness, is an important channel ofinternal supervision, and is a balance of social management. With regard to thebasic attribute, I’ll discuss the political attribute from the perspective of theparty’s leadership, the polity of the people’s congress system, and thearrangement of constitutional government, analyze the administrative attributefrom the perspective of the leadership structure and administrative system,analyze the judicial attribute from the perspective of constitution positioning ofsupervising organ, the nature of jurisdiction in procuratorial powers, and thenecessity of following the judicial rules to settle a lawsuit. With regard to thesystem basis, I’ll elaborate from the source of legal culture, institutional basis,and theoretical foundation to the historical system of joint trial, system ofdemocratic centralism, and the theory of group decision, especially emphasis onthe theory of group decision. With regard to comparison of some related system,through introduce and compare the internal mode of judicial group decision withthe system of judicial committee, the external mode of judicial group decision with jury system of trial, the procuratorial committee or related organs ofdifferent countries. At the end, we’ll find three differences between our systemand other modes: whether democratic centralism completely perform, thedifference of decision making and consult functionally, the different disciplinesof judicial experience during the decision making process.In chapter two, we’ll start with developmental history of procuratorialcommittee system, summarize the phylogeny of the system systematically, andthen prove the historical necessity of the system. Procuratorial committeesystem originated from the period of The Soviet regime, then practiced moreduring the period of war of resistance against Japan, established preliminarily inthe early days of foundation, till set up officially in1954. The title of thecommittee appeared in the early of1930, and it was a procuratorial authority ortemporality procuratorial organization to perform the specifically procuratorialfunction, and so did that of Shandong province in1941. So the traditional pointof the developing history of the committee, which just traced back to the periodof Shandong anti-Japanese base area, is not accuracy. We should retrospect to the period of New Democracy Revolution, especially the early period when thesystem established in The Soviet regime and the period of anti-Japanesedemocratic government, it is regard as the developing process of emergency,exploration and practice of the system. Though there are so many differences onnature, organization, and function, between that of the period of The Sovietregime and current situation, but it at least provide the practice basis and sourceof law for the establishment of procuratorial committee system. Since haveestablished, procuratorial committee system is developing constantly. In theaspect of basic function, the function have been divided more detailed gradually,and at last, it is mostly about important case and other vital problem. In theaspect of decision mechanism, from single-head system to democraticcentralism, judicial attributes continually strengthening. In the aspect oforganizational building, the equipment of the committee is more specialization,the staff of committee is increasing, the development of decision auxiliary organconstantly growing.After the summary of the history, let’s turn to another issue, the dispute on the existence and abolition of procuratorial committee system. The effect of thisdispute is far behind that of judicial committee, either from the range or from theextent. The question followed the dispute deserve our attention and reflection,with dialectical attitude and be realistic. We should retain and perfect the system,the unilateral theory of abolishment is inadvisable, but we can adopt some ideasfrom them. In conclusion, it’s a corollary of the historical development thatprocuratorial committee system with Chinese characteristics went through sucha long and indirect history. The functions of the system always focus on legalsupervision, and perform the function of legal supervision. The emergence anddevelopment of the system is the result of history and modernization ofjudicature. Currently, the existence of the system is rationally and necessity, butto continually modifying the system according to the reality is the way tomaking it vivid.In chapter three, I’ll reveal the operating status and problems of the system,bring forward the necessity of reform, according to the working practice ofprimary procuratorial committee. Those practices offer us accurate material to survey our procuratorial committee system. From the practice of the committee,we can see the vigorous life force of the committee, and is abound ofconnotation in system. Most procuratorial authority consolidate the leader status,the function of professional guidance, judicial function to discuss the importantcase, and political function to accepting the leadership of the party, serving theoverall interests, safeguard stability. Through exploration and innovation, a lotof procuratorial authorities get much valuable experience. For example, some ofauthorities broaden the range of professional guidance, and pay more attentionto the specialization on organizational building. As focus on the judicialprinciple, some other authorities innovate many new method of work withmodern information technology, to promote the mode of discussion and themode of vote in the proposal, such as, marking, multimedia demonstrate, highresolution mode discuss.The practice of primary level made us realize the importance and functionof procuratorial committee system, and also reveal the shortages of the system.The function of decision and guidance did not display fully, especially emphasis on the bill extremely over the discus, the case study extremely over theprofessional guidance, the type of the bill is unilateral, and the functionsintersect. The organizational building is incompletely, such as the imperfectionof elective mechanism, lack of standardization, lack of specialization and youngman, too administration, obscure function or even wrong, and low qualityservice. On the system of conference, there are some problem, the importationof making decision are not enough, the decision is too administration but isinefficiency, and some confusion about the “double over” principle andattendance system. The reasons of those problem which is reflected throughpracticing, are various, the lack of current legal norm, misrepresent of thefunction in practice, and some problem along with the system. Those problemsmake the function of the system not work completely, and affect the quality,efficiency and authority of the decision of procuratorial committee. The life ofthe judicial system depends on continuously practicing and innovating. We mustcarry the reform out timely, in order to overcome the deficiency of the systemand ensure the function of the committee working, In logical order, chapter four emphasizes on the discussion of procuratorialcommittee’s reform and perfection. At the beginning, we should set a overallgoal of this reform, namely, democracy, science, high efficiency, and authority.Considering the actual needs and feasibility, we suggest putting democracy andscience forward, then high efficiency and authority afterward. Things shouldfellow in proper sequence. That is to say, we can emphasis on the organizationalbuilding and decision mechanism of the committee at first, and postpone theother problems, such as, adjustment of the relationship between the superior andthe subordinate of procuratorial committee, and development of the supportingmechanism. To designing the basic train of thought, we should pay attention tothe systematicness and integrality. Accordingly, we need perfect the functionallocalization of procuratorial committee system and begin with thede-administration of vertical mechanism, the judicialization of decisionmechanism, the specialization of decision-makers, the legalization of decisionresponsibility, and the scientific of supporting mechanism. With regard to theideal location of the system’s function, decision, guidance and supervision should be orientated as three basic functions of the system now and future.Among them, the function of decision is primary and directness, the function ofguidance is extension but should be prior strengthened. These functions of thesystem determine the fundamental direction of the system’s build and reform.To innovate the decision mechanism is the key point of procuratorialcommittee’ reform. At first, we need strengthen the judicial attribute of thedecision mechanism. Due to the realistic problem be in the decision mechanism,we’ll reflect on the decision principle of the incomplete democratic centralismand do a value analysis on the principle of judicial experience. In the process ofstrengthening the judicial attribute of the committee’s decision, we can adapt therational core of adjudicative collegiate system and party committee’svote-deciding system, to ensure the democracy of the committee member, andstrictly restrict the power of the chief procurator. So we should strengthen theprinciple of judicial experience, as to advocate us to discuss with the markingtype and question&debate type, weaken the administrative examination andapproval endwise, as to establish the verdict mechanism of the first level procuratorial committee, set up and fulfill the liability scheme to acceleratejudicial fairness. In order to solve the problem of the deficient judicial capacity,we must consolidate the organizational building of the committee. That is to say,we should standardize criteria and procedure of the designation, consolidate thefunction of the full-time committee member, properly allocate the decisionauxiliary organ of the committee. There are some suggestions about designationand role playing aimed to those organization and think-tank,such as the office ofthe procuratorial committee, specifically research group, expert advisorycommittee. This paper carry out a discuss on standardize the working routine ofthe committee, such as to set the range of the issue scientifically, to perform therule of procedure strictly, to prompt the execution of the judge, and to emphasizethe information construction. At last, we’ll specially discuss the reform ofsupporting mechanism, as challenge system and no-vote attendance system. Andthat we should reform the set-up procedure and the burden of proof of challengesystem, allow the attendance of related personnel, improve the situation of chiefprocurator’ attendance, increase the influence of the system. In Chapter five of this paper, we’ll foresee the development trend of thesystem properly. Base on the argument, that is, the drawback of judicial groupdecision, and the trend of judgment’s relatively independence, highspecialization, we’ll put forward the inexorable trend that the function ofprocuratorial committee system is transforming and fading away, even it will bevaluable for a long time in the future. We should comply to the judicial rulestoward the problem of function’s transforming. As the opportunity is coming, wecan retain the guidance and supervision, change decision into consultation toovercome the inherent shortage of the system. With continuously acceleratingthe progress of judicial specialization and procuratorial professionalism, it’sinevitable that professional public procurator will substitute for procuratorialcommittee system ultimately.