A Study On Internal Organization Structuring Of The Grassroots Procuratorate

The organization is the carrier of the function, and the internal organization structuring of the procuratorial organ is similarly the carrier bearing each procuratorial function. It is the tool and platform for realizing the procuratorial power, whether its structuring is scientific and reasonable directly concern with the efficiency and quality of performance of each procuratorial function. There are 80% police officers of grassroots in the national procuratorial organ, 80% procuratorate in the grassroots, and 80% cases undertaken by the grassroots, which explains sufficiently that the important position of the grassroots procuratorate in the entire procuratorial system. Therefore, how to arrange the internal organization of the grassroots procuratorate in a more reasonable, more scientific and more realistic way has become a key factor to ensure the performance of the procuratorial power sufficiently and effectively.This article gives a critical research and analysis on the present situation of the organization in the perspective of a practical worker. It is thought that the current internal organization structuring of the grassroots procuratorate should follow the principle of respects with the reality, pays great attention the actual effect and emphasizes on the feasibility, guided by the Scientific Outlook on Development, managed with the spirit of establishing the power structure and operation mechanism during which decision-making power, the performance power and the supervisory power mutually restricted and inter-coordinated, so as to achieve a better implementation in the objective of deepen the judicial structure reform, optimize the judicial distribution of authority, standardize the judicial behavior, and establish fair, efficient and authoritative socialism legal system, follow the principle of management science and the requirement of the lawsuit rules, carry out necessary adjustment and consummation, implement the super-ministries,integrate the sections which current functions are the same or close to and combine into a larger section. Or the same or close function can be governed by a section. Establish investigation court for duty crime cases, examination court for criminal offense cases, surveillance court for the procuratorial work, administration court and guarantee court for the procuratorial work so as to reduce the overlap of the organization, the duty and the responsibility, avoid the low efficiency, overstaffed, multi-thread management, the name varies, and the problems of single fights, weak joint strengths, and insufficiency of fighting spirit such as everybody fighting individually and operating independently, make the organization structuring of the grassroots procuratorate more scientific, more reasonable, more unified and has more feasibility in operation, arouse the working enthusiasm in a maximum extent, explore the potential, raise the efficiency, and strengthen the law enforcement ability and legal supervision ability maximally.This article mainly elaborates from the following aspects:First, review of the reform history of internal organization of the grassroots procuratorate. Since the reestablishment of our country's procuratorial agency in 1978, the internal organization structuring has also been in the continual readjustment and change condition, the changes is absolute, the invariable is relative, among which are four times of large changes that have a standing book for checking.Second, analyze the present situation and existing problems of internal organization structuring of the grassroots procuratorate. Enumerate current condition of the grassroots procuratorate organization, it is thought that current internal organization structuring of the grassroots procuratorate exists the problem of disunite functions and names, the situation of redundant and overlapping of related work duty as well as the degree different of the complicated and easy work for the police office in the same post of different section, and enumerate many practical inconsistence, disunities phenomenon and the alternate and redundant situation of the work function.Third, analyze the reasons of the disunite structuring of internal organization of the grassroots procuratorate and its necessity of reformation. Carry out the analysis from appearance to essence, from the external factor to the internal cause, discuss the disunite reasons, and elicited that there are the following reasons: related control section cannot fulfill their duties and responsibilities, the planning drawing-up and examination and approval system becomes a mere formality; the influence of the administration pattern and the valuing official titles consciousness, taking Officialdom as the standard for realizing self value; the stipulation of the Organic Law of the People's Procuratorates is too principle, and lack of the specific and practical regulations; and some grassroots procuratorate pursue new tide, fashionable things and imitates blindly, some higher authority court expand benefits, unilaterally pursue the suitable side. Simultaneously, discuss the necessity of reforming the internal organization, considered that desalinating the administration color which proposed and advocated by the current judicial reform and strengthening the judicature attribute spirit are advantageous to solve the problems of the shortage of personnel, insufficiency of the case-handling strength, thus improve the overall battle efficiency, be advantageous to ensure the law enforcement in accordance with the law, and in a legitimate way, be advantageous to raises police officer's consciousness of general situation, the consciousness of responsibility, and be advantageous to arouse the police officer's working enthusiasm.Fourth, conceive of the reform pattern of internal organization structuring of the grassroots procuratorate. According to the principle of scientific development concept, firstly analyze and elaborate the reform principle of internal organization of the grassroots procuratorate, consider that the reform cannot be successful without the lead of new concept and the guidance of the new theory. Similarly, the reform will also be defeated, lasts briefly and becomes a kind of the publicity stunt performance without the guidance of a set of principle which is tally with the reality, conforms to the truth, and conforms to the requirement of the scientific development concept. Therefore, the reform of internal organization structuring of the grassroots procuratorate must follow the principle of legitimatization and compliance, the principle of cover comprehensively, the principle of scientifically and persistently and the principle of strengthening surveillance and restriction. Design the reform pattern of internal organization structuring of the grassroots procuratorate, consider that it is necessary to choose a kind of mark which not only manifests internal working duty and right of the procuratorial agency, but also has the judicial attribute, displays the reform spirit of desalinating the administration color and increasing the judicial attribute. It is not right to give the name of division, department, bureau, section and so on behind the family name of the organization which has the characteristic of clear explanation the function. Considering various situation comprehensively, and borrowing ideas from the structuring pattern of the People's court which is different from other organizations, the author thought that the name of internal organization of the grassroots procuratorial agency as well as the national procuratorial agency should be called uniformly as court. Establish investigation court for duty crime cases, examination court for criminal offense cases, surveillance court for the procuratorial work, administration court for the procuratorial work and guarantee court for the procuratorial work, and analyze and design each section's personnel equipment, working responsibility, labor division as well as the conformity advantages. Finally, program specifically the various work's vesting, rights and liabilities of the internal organization of the grassroots procuratorate after reformation from the following six aspects: professional work, manage work, supervisory work, Procuratorial Committee routine work, the Party Group Conference Affair work, Chief Prosecutor office meetings work and the work of board of a faculty, analyze and clarify the work of internal organization of the grassroots procuratorate after the reformation.