Research On Restraint Mechanism Of Internal Supervision Of Procuratorial Organs

"All the people with power may abuse it easily, which is an eternal and unchangeable experience and people with power use it until it is used up". "The way to prevent the abuse of power is to restrict power by power". The two profoundly reveal the essence of mutual supervision and restriction of powers. Therefore, the abuse of power must be prevented by other powers to have it supervised and restricted. This paper begins with the connotation of internal supervision and restriction of procuratorial organs to illustrate the necessity of internal supervision and restriction of procuratorial organs in China. In the meantime, this paper, on the basis of the status quo of internal supervision and restriction mechanism of procuratorial organs, analyzes the origins of the deficiencies of the mechanism from the perspective of empirical research. And finally, this paper, by reference to research achievements of the persons in the same occupation, elaborates on how to reconstruct internal supervision and restriction mechanism of procuratorial organs, hoping to offer modest means to provide conducive reference for the improvement of internal restriction mechanism of procuratorial organs in China, ensure the procuratorial organs in China can fairly and honestly enforce the law and improve public faith of law enforcement.This paper is composed of four parts, more than 20,000 in total.The first part elaborates on the necessity of internal supervision and restriction mechanism of procuratorial organs in China. This part proposes questions for internal supervision and restriction of procuratorial organs, analyzes its connotation and extension, and indicates that the connotation and extension of internal supervision and restriction mechanism of procuratorial organs in China should not be limited to self-investigation cases of procuratorial organs, and should also include indirect putting-on-file cases and indirect investigation cases; should not be limited to prosecution power, investigation power for crime by taking advantage of the official power and arrest power, and should also include supervision power on litigation; should not be limited to internal supervision and restriction at first-level procuratorial organs, and should also include supervision and restriction between superior and subordinate procuratorial organs. All of these prove the necessity of internal supervision and restriction mechanism of procuratorial organs in China.The second part discusses the status quo and reasons of supervision and restriction mechanism of procuratorial organs in China. In recent years, the building of supervision and restriction mechanism of procuratorial organs in China tends to be strengthened and many conducive explorations have been made. However, in the whole, supervision and restriction mechanism of procuratorial organs still have the following deficiencies:the first is focusing on substantial supervision but lack of procedural supervision; the second is focusing on behindhand supervision but lack of synchronous supervision; the third is focusing on personnel supervision but lack of system supervision; the fourth is that the existing measures tend to be "formalism"; the fifth is the default of efficient supervision on the personnel in charge of cases; and the sixth is the separation between powers and duties in litigation activities. By the analysis of the existing deficiencies, this paper holds that the reasons for the deficiencies are as follows:leading and supervision mechanism between the superior procuratorial organs and the subordinate procuratorial organs has not yet been efficiently operated, resulting in strong random of supervision and guiding from the superior procuratorial organs to the subordinate procuratorial organs, which has affected the adequate operation of procuratorial power; administrative management model of case supervision violates modern justice activity law, resulting in further weakening of monitoring capacity of law enforcement activity; failure of efficient establishment of supervision mechanism of crucial links of self-investigation cases, resulting in the gap in the supervision on the self-investigation cases put on file; failure of the improvement of mutual and interactive restriction mechanism between the departments, resulting in the untimely and inefficient corrections of some wrong decisions; failure of full exertion of supervision functions of procuratorial committees, resulting in the incompatibility between the quality and efficiency of the work of procuratorial committees and the required functions by law, which affects the supervision on the procuratorial profession and even chief procurators.The third part elaborates on the improvement of internal supervision and restriction mechanism of procuratorial organs. The improvement of internal supervision and restriction mechanism of procuratorial organs in China has its basic prerequisites, that is, the uniformity, proceeding from the general situation of all procuratorial organs in the whole country; the synthesis, the indivisible relation between this content and that content, some style and other style; and regularity, which means law, articles and regulations are the constituent parts of internal supervision and restriction mechanism. In the meantime, some rules must be used as theoretical support, including the first is the rationale and science of the establishment of internal departments, which is carrier condition for high-efficient operation of internal supervision and restriction mechanism of procuratorial organs; the second is the soundness and improvement of internal management system, which is the basis guarantee for high-efficient operation of internal supervision and restriction mechanism of procuratorial organs; the third is to correctly grasp several relationships:the first is to correctly grasp the relationship between work system of internal departments and internal supervision and restriction mechanism; the second is to correctly grasp the relationship between mutual restriction of internal departments and internal supervision and restriction mechanism; and the third is to correctly grasp the relationship between the superior procuratorial organs and internal departments and the subordinate procuratorial organs and internal departments; the fourth is to follow relevant principles, that is, to follow separate examination principle, non-exceeding authority principle, substantial check and procedural filtration principle and macro-guiding principle. In the specific framework design, we should firstly intensify ideological understanding, adopt and strengthen the acceptance idea of supervision and restriction; secondly establish special business supervision departments to take charge in internal supervision business; thirdly intensify lateral supervision and restriction of internal departments to construct "responsibility chain" between internal level supervision and parallel supervision; fourthly intensify portrait supervision and restriction between the superior procuratorial organs and the subordinate procuratorial organs to construct "responsibility chain" of vertical supervision; fifthly intensify the supervision on leading cadre to prevent the out of control of powers, decisions and the out of regularity of conducts; and sixthly deepen law enforcement responsibility and earnestly put into practice investigation liability of wrong cases.The fourth part is the Conclusion, which makes a brief conclusion of the whole paper, and briefly elaborates on the intent of the author and the value of this paper.