The Reform And Improvement Of The Chief Prosecutor System

With the development of Chinese market economy, the establishment of the socialism legal framework, and the amendment of the Chinese criminal procedure law, many deficiencies have also been exposed from the current Chinese prosecutorates inner management system. It is an urgent task to change the traditional administrative management model into a more feasible way which can better sever the development of the Chinese legal system. Among all the efforts being taken by the state, the Chief prosecutor system provides a sound effect and shows strong vitality. The Chief prosecutor system, which means the prosecution is presided by the chief prosecutor, changes the old administrative management model at a large extent. But today, this system has also found some problems which prevent it from further development. Starting with the illustration of the actuality of nowadays chief prosecution system reform, this article attempts to find out the problems and reasons which prevent the further development of the reform. And the article further gives the suggestions for further improvement. The article consists of about 3,5000 words, and is divided into four parts.The first part of this article gives the general introduction of the chief prosecution system.The second part of the article illustrates the problems the reform now is facing, for example the weakness of the independence of the chief prosecutor; lack of strict select system; imbalance among the power, the obligation, and the benefit; and the lag of the supervision system. After illustrating the problems, the article also tries to seek the reasons behind them and find out that the major pressure comes from both the theoretic field and the practical field.The third part of the article tries to improve the chief prosecutor system from the theoretic basis, by answering the question of'whether the prosecutor should have some independent power'. The article acclaims the significance of the independent of the prosecutor from the jurisprudence, practical, and comparative point of views.The last part of this article gives the suggestion to improve the liability system of the chief prosecutor system and tries form three different ways, which are the legislation guarantee, the improvement of the system itself, and the establishment of the relevant rules.