On Transitional Measures Of Reform Of The System Of Attorneys In Our Country

The systems of attorneys in every country of the world have much difference due to their different procedural models. However many systems of attorneys abroad all stipulate that: Attorneys are the subjects who exercise procuratorial power, in certain domain, attorneys have independent disposition for procuratorial things. In our country, procuratorial organs is legal supervisory organs recoganized by the constitution and laws, in the long run, which are endowed more administration and are difficult to exercise procuratorial power and to enforce laws strictly. With amendment of the Criminal Procedure Law and change of trial model, all kinds of defects in the procuratorial system of our country limit development of procuratorial work heavily, so the procuratorial reform is bound to be made. The system of attorneys presiding over prosecution—— a transitional measure aiming at changing situation of confusion of administrative power and procuratorial power, safeguarding independence of attorneys and making subjects of procuratorial power change from collective to individual, came into being. The system began from study of basement procuratorial organs, recoganized by the Supreme People's Procuratorate, and was put into practice overall. Enforcement of the system of attorneys presiding over prosecution strentherns the power and the burden of attorneys, promotes excellence of attorneys and is combination of a new dealing-cases system and a using-personnel system. Through practice of some years, the system of attorneys presiding in prosecution has got remarkable results, however, because there is no precedent which can be followed, it also shows may problems and defects during enforcement course. Therefore, it is necessary to summarize and improve the system in order to safeguard good operation and healthy development of it.