Study On The System Of The Opening Procuratorial Affairs In China

After more than 20 years of development,the contents and methods of public procuratorial work in our country have been gradually improved,and some practical results have been achieved.However,it is undeniable that China's procuratorial work is still facing a series of problems,such as the low level of legislation of open inspection,the unreasonable scope of public inspection and the way of design,the unsound supervision and protection mechanism of procuratorial work,and the lack of public response to the "Internet +" era.Based on this,the paper explores the ways to improve the procuratorial disclosure system through the general principles,economic theoretical basis,jurisprudence basis,current situation review and overseas investigation,with a view to providing reference for the establishment and improvement of the procuratorial disclosure system in China,and thus promoting the further development of the procuratorial disclosure work in China.The full text consists of five chapters.In the first chapter,the background and significance of the research,the current research situation at home and abroad,the evaluation,research ideas,methods and innovations are described.With the rapid development and wide application of information technology,the information flow is intensified,and the problem of information asymmetry is becoming more and more obvious.The "information island" and "data gap" have emerged,resulting in social injustice and hindering social progress.As a legal supervision organ,the procuratorial organ must keep pace with the development of the times,rely on the conditions of the development of information technology,put the operation of procuratorial power under the sunshine,open procuratorial affairs,and safeguard fairness and justice.Through literature review,it is found that compared with other countries in the world,our country's procuratorial openness has both similarities and Chinese characteristics,and procuratorial power has both judicial and administrative attributes.The Nineteenth Congress of the Communist Party of China has put forward specific goals and requirements for the publicity of procuratorial work.The people's demands for the publicity of procuratorial work are also increasing.The development and improvement of the system of the publicity of procuratorial work has become very urgent,which is also the content of this paper.The second chapter discusses the basic theory of the public prosecution,mainly analyzes the concept,characteristics and categories of the public prosecution.Procuratorial affairs publicity refers to that procuratorial organs open relevant activities and matters related to procuratorial power to the society and litigation participants according to law,which do not involve state secrets and personal privacy.While discussing the concept of procuratorial affairs publicity,this paper classifies procuratorial affairs publicity from the aspects of its contents,objects,causes and authorities,and analyzes the responsibilities of procuratorial affairs publicity.The legal nature,the diversity of the contents of the public prosecution,the particularity and universality of the public objects and so on.From the perspective of information economics,this paper analyzes the phenomenon of "information asymmetry" in procuratorial affairs and the problems of "adverse selection" and "moral hazard" caused by it,and puts forward that the publicity of procuratorial affairs is a good way to reduce the "information asymmetry".at the same time,it discusses the legal basis of the publicity of procuratorial affairs from the perspective of law,and demonstrates the necessity of the publicity of procuratorial affairs.The third chapter starts with the development process of China's procuratorial affairs publicity,reviews the four historical stages of China's procuratorial affairs publicity,i.e.the initial exploration stage,the practical exploration stage,the comprehensive promotion stage and the deepening innovation stage,and further analyzes the development status of China's procuratorial affairs publicity system: the principle of procuratorial affairs publicity expands to "standard and comprehensive",the scope of procuratorial affairs publicity expands to "depth" and the scope of procuratorial affairs publicity expands to "depth" level.The way of publicity is to develop more actively,and the supervision of inspection is open to institutionalization,and the carrier of procuratorial affairs is developing to "Internet +".At the same time,it also analyses the problems in legislation,scope,mode and supervision mechanism of our procuratorial open system,and deeply analyses the main reasons for these problems.Chapter IV is a review of extraterritorial models of procuratorial openness.By comparing the principles,scope and methods of procuratorial openness in major extraterritorial countries or regions,this paper focuses on the analysis of the practice,legislation and procuratorial practice in Sweden,the United States,the United Kingdom,France,Russia and Taiwan,and summarizes the characteristics of procuratorial openness in various countries(regions).The above-mentioned countries and regions insist that the publicity of procuratorial affairs is limited,and they have made clear provisions on the publicity of procuratorial affairs in the form of legislation.Some countries(regions) also formulate effective safeguards to ensure the effective implementation of the publicity of procuratorial affairs.The article summarizes the experience of "legislation of public procuratorial work,limited public procuratorial work,safeguard mechanism of public procuratorial work,scope of public procuratorial work-model of exceptions,relief of public procuratorial work",which is worth learning from.The fifth section puts forward the ways to improve the system of public prosecution.Through the study of legislation,principle,scope,carrier and optimization design of relief procedure,this paper puts forward some opinions and suggestions on perfecting the system of public prosecution.At present,there is no law on freedom of information in our country,and the publicity of procuratorial affairs lacks corresponding legal basis.It mainly depends on some normative documents issued by the Supreme Procuratorate to promote it.Therefore,it is necessary to speed up the legislative process of procuratorial openness,promote the institutionalization and legalization of procuratorial openness;propose expanding the scope and content of procuratorial openness,standardizing the determination of "procuratorial openness exception",ensuring timeliness,optimizing the realization of procuratorial openness,taking the opportunity of judicial responsibility system reform,reconstructing the business process of procuratorial openness;and so on;the development of information technology expands procuratorial openness.Horizon,big data and media integration will help procuratorial reform and bring new opportunities to the modernization of public procuratorial work.Therefore,the article puts forward the idea of strengthening the "Three Consciousness" with the "Internet +" as the carrier.With the "big data" as the starting point,we should improve the informatization mode of the procuratorial affairs publicity;take the media convergence as the turning point,optimize the selection of the procuratorial public carrier;take the mode innovation as the driving force,and strengthen the "Internet + Inspection public" performance appraisal and other measures to improve our public inspection mode.Finally,it puts forward to improve the legal system of relief basis,exercising subject and relief method,so as to promote the scientific and healthy development of public prosecution.