China's Procuratorial Work Management System And Administration Of Operating Mechanism Drawback Analysis And Idea Of The Reform

Reform and opening-up, economic transition and joining WTO, requiring the judicial reform to quicken one's step, realize the justice. 16th National Congress of Communist Party of China define basic strategy of administration of the country according to law, propose judicial goal and task of system reform clearly, and have offered basis on which we set up scientific procuratorate management system and operating mechanism.For now, procuratorial work management system and administration of operating mechanism, make procuratorial work function and procuratorate administrative management functions of the administration of justice are crossed, mixed , cause administrative management function to procuratorial work invasion of function and is it soak to invade , keep to give full play to legal supervision function in check. Then how to reform the management system of procuratorial work of our country and administration drawback of operating mechanism? Have they already become an important subject demanding urgently to be studied and solving in present judicial system reform. This text divides " the management system of procuratorial work and administration of operating mechanism display and start the reason " mainly, " how to reform extant procuratorial work management system and the ideas of operating mechanism and reform " to " reform present procuratorial work management system and necessity of operating mechanism " In the three part propose problem , analyse problem and solve problem to come.Particularly, the first part of this text, has made the definition that is judicial power but not executive power of the procuratorial work right of our country at first, secondly has explained the management system and administration meaning of operating mechanism of procuratorial work, and has enumerated out the administration main forms of expression of procuratorial work management system and operating mechanism mainly: (l)Procuratorate's administration formats; (2)The public procurator selects the administration that lets ; (3)The financial affairs of the procuratorate come from the appropriating of the administration; (4)The public procurator's complete administration of wage standard; (5)Handle a case in thecomplete administration of the system; (6)Committee forms procuratorial work and operation administration; (7)The public procurator appoints and remove the administration; (8) Public procurator's discipline means administration; (9)Complete administration of public procurator's management mode; (10)Public procurator position range wide to is it take and not scarce to classify managing to suffused with; (11)Public procurator " official's rank " designs the administration getting on.Secondly analyse from the background at first that produces present procuratorial work management system and historical reason of operating mechanism. Then it is analysed that the procuratorial work right independent character of our country is a basic request for the judicial nature of the procuratorial work right, analyse of our country procuratorial work because of executive power person who invade current situation reason.Thirdly , put forward the extant procuratorial work management system of thereform and supreme goal of operating mechanism: Can ensure realizing being fairwith justice in the whole society . And " it is judicial zoning principle ", "coordinate it principle ", " principle of management not categorised ", the "high-efficient, reduce the number of, not advance gradually by principle ". Thusthe reform of putting forward the following is conceived: (l)Change procuratorialorgan situated in into outside current situation of administrative organ , I think Ishould regard financial independence of outside of procuratorial organ as thebreakthrough point. Reform the funds system of the procuratorial organ, cut off thefinancial relation with the local government. (2)Is it get handle a case forefront toattract through a series of personnel management system reform outstandingperson...