Research Of The Problems In Prosecutorial Reporting Of China

Prosecutorial reporting system is an important part of legal construction. It has been a hot topic in every field since it was set up. For Supreme People's Procuratorate passed The Rule in Reporting of People's Procuratorate on the 11^th session of Eleventh Prosecutorial Committee of Supreme People's Procuratorate in 8th, April, 2009, Prosecutorial reporting system will develop and perfect constantly. This paper starts from the aspect of the legislative branch and judicial branch, the clauses of The Rule in Reporting of People's Procuratorate, analyzing the problems and reasons of prosecutorial reporting system, and combining with the legislative branch and judicial practice of foreign countries to put forward the suggestions to the improve of legislation and The Rule in Reporting of People's Procuratorate, and reforming of the interrelated laws.Instruction explains the reason for selecting the topic and the aim of this thesis.Part one of this paper proposes the related problems through a case. This part mainly includes the problem of prosecutorial reporting system which is related, macroscopically estimation to The Rule in Reporting of People's Procuratorate, setting forth the different opinion on prosecutorial reporting system. Part two analyzes the current situation of prosecutorial reporting system with the view point of legislation and judicial practice, in accord with the condition of judicial practice. This part includes analyzing the problem of The Rule in Reporting of People's Procuratorate, the deficiency of interrelated law system, the problem of revenging to the informers and malice report. And then this paper analyzes the reasons from the aspects of the social value orientation, the value of enforcement in reporting and malice reporting.Part three introduces the experiences and history of legislation of foreign countries according to the deficiency in reporting legislation of our countries. And at the same time, this part simply introduces the development of China in history and after founding of the P.R.C. This part, through comparing with the legislation in reporting of foreign countries and ours, estimate the advanced experiences so that put forward the plans to perfecting of the reporting system in our countries.Part four starts from the aspect of notion, legislation, reforming of work system and interrelated complement measures, and then putting forward to the opinions of perfecting it. In this part, the opinion is that the conversion in notion and work system of prosecutorial, perfecting interrelated complement measures, and innovation the work system are the solutions of prosecutorial reporting system.