Research On The Procuratorial Case-handling Organization In China

The case-handling organization is the basic carrier of the operation of the procuratorial power, and it is born in and correlated with the operating mechanism of procuratorial power. The rule and character of the operation of the procuratorial power determine the concrete form and constituent elements of the case-handling organization, in return, the effective operation of the procuratorial power also needs a series of reasonably settled and efficiently functioning organization systems as its carrier and guarantee. The case-handling organization is an important part of the system of the procuratorial organ. Compared to the macroscopic procuratorial systems or the people's procuratorate, the case-handling organization is the fundamental unit in the procuratorial process. It would have direct influences on the quality and efficiency of the judicial cases which procuratorial organs handle. As a result, in order to establish functioning mechanism of procuratorial power with clear responsibility, effective restriction and efficient operation, to promote the organization systems of the people's procuratorate, to protect and promote the the procuratorial organs that could exercise the procuratorial power independently and justly, and to improve the judicial social credibility of the procuratorial organ, it is quite theoretically and practically meaningful to clarify the connotation and extension of the case-handling organization and to analyze essential features as well as the rules of the operation.The third and fourth plenary session of the eighteenth congress of the communist party of China have made new important arrangements on establishing the rule of law of socialism with Chinese characteristics. As the national legal supervision organ, the procuratorial organ plays an important role in promoting rule of law in China. The effective functioning of procuratorial power needs a series of working modes with clear responsibility, close cooperation, powerful restriction, efficient operation as systemic guarantee. At the moment,the development of economy has stepped into a new status, the development of society has presented new tendency, the public has put forward new higher requirement of political and legal work including the procuratorial issues. Especially with the judicial reform promoting into the deep areas, related laws being modified, the procuratorial organs are now faced with a series of new situations and new challenges like expanding the functions, more duties, more restrictions and more difficulties on case-handling, which makes it more urgent and important to promote the construction of the systems of procuratorial organizations.From the practical perspective, our current laws regarding the systems of the case-handling organization are not complete. The Criminal Procedure Rules of People's Procuratorate provides that the procuratorial systems should take three levels of examination and approval system that handled by the prosecutor, censored by the leader of the department and determined by the chief procurator or the procuratorial committee. In decades, this mode and system had played positive rule under certain historical conditions, but it can not meet the development of the rule of law and people's higher expectation on judicial credibility. As a result, after 1990s, the supreme procuratorial organ and local organs had developed system of principal procurator, which made preliminary exploration on promoting the systems of the case-handling organization. Recently, the central committee of the communist party of China has launched the pilot reform of the judicial system, treat the strengthening of the case-handling groups as an important aspect of the reform. Each pilot areas also closely combined with the realities, making positive exploration on aspects like promoting mechanisms and systems. But we should see that this work is a completely new systemic task without experience and modes to follow, which is desperate for theoretical instructions and intellective support, to make sure that the construction accords with the objective rule and working reality.Theoretically, there are not too many researches regarding the procuratorial handling organization construction. So far, researches on handling organization are mostly done in two aspects, one is improving judicial responsibility, that is regarding the handling organization as one part of judicial responsibility; the other is improving the system of procuratorial organ, that is trying to figure out the relationship between handling organization and procuratorial system construction. Most of theorists and judicial professioners consider that procuratorial case-handling organization is the fundamental carrier of procuratorial power. It is of great significance. However, as to the definition of procuratorial case-handling organization and how can we optimize it, there still be no agreed opinions. Because of different research perspectives and unclear research directions, there is no basic consensus on concepts, main characters and basic types, directly influenced and restricted the practical exploration of case-handling organization construction.This dissertation is divided into 6 chapters:Chapter one is an overview of procuratorial case-handling organization. Starting from organization and procuratorial organization, translated the connotation and extension of them in sequence, and then define the conception of procuratorial case-handling organization. Making it clear that the essence of procuratorial case-handling organization is the combination of the charge of cases and decision, is also equivalents of power and responsibility. Deduced that the procuratorial case-handling organization should be lead and in charged by chief procurator, procuratorial committee, principal procurator or procurator, be assisted by procuratorial personnel. It's a relatively stable law enforcement unit or team which makes independent exercise of decisive powers and decisions within the framework of the law. This chapter analyzes the types of procuratorial case-handling organizations and indicate the range of application by different standard.Chapter two focus on the history of procuratorial case-handling organizations. Generalizing historical evolution from the late Qing Dynasty, the Republic of China, the revolutionary base era, the early years of People's Republic to the reconstruction period of procuratorial organ and so on. Providing the evaluation of general description and main problems in different periods by learning components, main types, operational mechanism. In particular, pointing out the rationality and shortcoming of current 3-level examination and approval system.In chapter three, comparative study of procuratorial case-handling organizations will be provided. Firstly, studying the examples of legal rules in the U.S., France, German, Japan and Taiwan, by systemic analysis on factors of the organization, got the regular rules and advantages comparing procuratorial case-handling organizations of Anglo-American Legal System with Civil Law. Next, discussing the main types, components, new trends in reform of the current judicial organization in our country combining document requirements of our current legislation and judicial reformation, comparing the difference between judicial organization and procuratorial organization as well.Chapter four is a positive analysis of reform of our procuratorial case-handling organizations. Dividing it into three stages, make a systematic summarize the main methods, experience and effects in procuratorial case-handling organizations of China's Supreme People's Procuratorate and the local people's procuratorates. By using text analysis and empirical data, Summing up a number of instructive inspirations, insufficient and reasons by means of generalizing and comparing the organization forms of all kinds of samples.Chapter five will lay down the theoretical foundation of procuratorial case-handling organization. First of all, on the basis of Administrative Organization, discussing the organization theory in procuratorial branches (the internal organization of procuratorate), case-handling organization, and its construction from organization structure, organization environment, organization reform to organizational culture and so on. then, in this paper, the attributes of our procuratorial organs, the independence of procurators, procuratorial integration, the objective obligation of the procurator and so on are described in-depth, analyzing the basic laws on procuratorial organ.Chapter six concerns with the conception of case-handling organization and construction of China's procuratorial organizations. On the basis of theoretical research and positive analysis, Putting forward clearly that the case-handling organization construction of China's procuratorial branch should realize the transforming from Bureaucracy to Flattening, from administrative to moderate Judicature, from internal organizations-centered to procurator-centered. This passage introduces the basic assumptions and path selections of case-handling organization reconstructed, through the analysis of organization subjects, organization power, organization structure, organization operation and the correlation between procuratorial case-handling organization reconstruction and internal branch reform.