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Study On Classified Manangemengt Of Chinese Procurators

Posted on:2011-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:G ChenFull Text:PDF
GTID:2166330332479573Subject:Law
Abstract/Summary:PDF Full Text Request
It is important practical significance and far-reaching historical significance that study on classified management of Chinese procurators. It can allocate human resources rationally, achieve specialized division of labor, defined responsibilities, express structure and function of prosecutors, improve the efficiency of prosecutions and enhance the quality of handling cases, so that realizes "strengthening legal supervision and safeguarding fairness and justice" procurators should follow the categorization rules of justice, base on the theoretical basis with prosecutorial system with Chinese characteristics, and draw on different countries and regions of judicial personnel classification and management of successful experience. The goal is to establish prosecutors classification system for the legal profession which accordind with China's judicial system, prosecution occupational characteristics and practical legal education with Chinese characteristics. Although the Supreme People's Procuratorate in some grass-roots level for many years does a useful prosecution attempt—In 2009, procurators in turn classified management reform into the construction planning of grassroots People's Procuratorate—some issues remain unresolved. Because in the reform,do not clarified the legal content of "procurators",and the lack of legal basis in practice.Classification system for procurators is a scientific and effective management system,which bases on job classification as the center of the selection, selecting employing,educating and keeping people. It involves the classification and structure ratio prosecutors, prosecutors training system, prosecutorial power operation, internal structure set, evaluation system, the prosecutors job security, and internal and external supervision. Which prosecutors classification is the system the most important issue to be resolved. Procurators have power to exercise procuratorial authority,and attorney support staff who exercise jobbey crime inestigation or prevention power,arrest power and litigation supervision under the leadership and guidance of the prosecutors. It forms the dual structure that the center of the prosecutors and the assist of other prosecutors. Prosecutors classified management can be defined as:the system with allocating of human resources rationally,optimizing the personnel structure, making scientific classification and scientific management which according to the procurational functions and power based on the Constitution and the law,and the different types of prosecution and the nature of job responsibilities.At present, in our current classified management of procurators,there are many disadvantages—irrational prosecutors structure, prominent "official position", inefficient handling cases, confusional powers and responsibilities, interrupted the prosecutor, serious brain drain, lagging professional construction, non-specialized division of labor. We should analyse from the root,including single management system, uncertainty and randomness of the prosecutors vacant posts,the lack of prosecutorial system of job security, out of touch prosecutors recruited, backward step by step approval handling mode to be in-depth analysis and so on. And then expounding from the legal principle on the concept of prosecutors category management, that is the elimination of the administrative, professionalization of the team building professional, elite and relative independence of exercisig power. Proposed classification should adhere to justice property management, unified classification according to the law, reasonable allocation of posts identified and filled, collecting communication, step by step selection, prosecutorial business and administrative affairs six principles. Improve the management system of classification of prosecutors general idea is:scientific classification of prosecutors, unified various prosecutors qualifications; to establish pre-service training for prosecutors and continued job training system; establish a mechanism for prosecutors handling cases for the center to streamline the internal organs setting, to establish a scientific evaluation system; improve job security and internal and external Attorney supervision system.
Keywords/Search Tags:procurators, classifide management, legal rules, system improvemengt
PDF Full Text Request
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