The Decision-making Mechanism Of China's Procuratorial Committee

Decision-making is the key process for procuratorial organs to enforce procuratorial powers, and it is also the core constituent of the system of China's procuratorial committee. The feature of the interior leadership system that has been implemented by China's procuratorial organs is the combination of the collective leadership of the committee and the individual responsibility taken on by the chief procurator.However, distinguishing feature doesn't mean perfection, although it has been playing an important role in improving judicial democracy, preventing judicial corruption, bettering quality of cases, ensuring correct and independent enforcement of procuratorial powers. Along with the development of China's democratic legal system and the real procuratorial practice, some problems, for example, the principle of democratic centralism having not been abided by fully in decision-making process; the collective leadership of the committee and the individual responsibility taken on by the chief procurator can not combine smoothly in the real practice; no supporting system or of defects etc. still remain in the real world and become even more obvious. Anyway, the problems are not the problems of the system itself, but the problems that arise under specific historical conditions, and can undoubtedly be improved by reform of the decision-making process.Therefore, the author do suggest that the procuratorial committee should rigidly comply with the majority rule, should devote to build up and perfect relevant supporting systems, improve decision-making processes and so on. Only in this way, can China's Procuratorial Committee become stronger and more effective on sticking to the principle of scientific and democratic decision-making and independent exercise of powers within the framework of the law.In this paper, the author hold a strong opinion that the procuratorial committee accords with our country's basic condition and the system of policy and law. We can't give up making renovations for fear of a little trouble, in other words, we should not totally repudiate The Decision-making Mechanism of China's Procuratorial Committee and the special signification and value of the existence of the system of China's Procuratorial Committee, just because due functions of the China's Procuratorial Committee have not been totally brought into full play.Therefore, from the perspective of Decision-Making Mechanism, combining with procuratorial practice, the author made a deep analysis to the basic theories of The Decision-making Mechanism of China's Procuratorial Committee, the practical predicament of The Decision-making Mechanism of China's Procuratorial Committee and how to reform and modify The Decision-making Mechanism of China's Procuratorial Committee. The content of this paper will be illustrated from the following 3 aspects:The first part of this paper summarizes the basic meaning, Major features and basic content of the system of China's Procuratorial Committee, especially putting forward that decision-making system of China's Procuratorial committee characterizes political feature, judicial nature, comprehensiveness, legality, authority and so on. And it expounds the law and norm related to enforcement and decision-making system of Procuratorial Committee from the seven aspects which are the subject of decision-making, the object of it, decision method, decision process, decision environment, decision enforcement and monitoring, etc. aiming at getting a comprehensive understanding of decision-making mechanism of china's Procuratorial committee, and laying a theoretical foundation to expound the following analysis to problems consisting in the system of Procuratorial Committee and advice to reform.The second part of this paper analyses the problems consisting in decision-making system of China's Procuratorial Committee. It has objectively analyzed the problems of the defectiveness of legislation, imperfect decision-making system, inscientific decision-making method, unstandard decision-making process, unfavourable decision-making environment, vacancy of decision-making supervision and so on, which have a negative effect on the quality and efficiency of decision-making of Procuratorial Committee, affect the authority of Procuratorial Committee. Meanwhile the author thinks, the problems are not the problems of the system itself, but the problems that arise under specific historical conditions, and can undoubtedly be improved by reform of the decision-making process. Procuratotical Committee system is a good system catering for our country's circumstance, is suitable for our country's political system and law.Part Three renders an assumption of improvement of the decision-making Mechanism of Procuratorial Committee in China. Three aspects of innovation are being discussed with a close consideration of reality. First, a democratic way of decision-making that principle of democratic centralism is strictly followed needs to be strengthened, so as to avoid chief prosecutor's dictatorship. As a result, mechanism of check and supervision will be balanced, as well as lessoning down the administrative function of the Procuratorial Committee and intensifying its judicial nature. To some extend, the weakening power of prosecutor general will optimize the function of the Procuratorial Committee. Second, decision mechanism needs to be strengthened. Rules and regulations must be amended, including the abandonment of life tenure of committee membership and promoting by seniority; relevant constitutions must decide on a clear-cut definition of connotation and denotation covering "significant and complex case" and other issues in the execution of procurator. In addition, it is necessary to improve the professional quality of Procuratorial Committee and make it institutionalized and normalized. Procurators need to follow strict inspection procedures and accept Learning and Training courses at regular intervals. Third, judicial proceedings and decision-making procedures need to be strengthened. This involves series of transformation, such as an institution settlement of investigation and preliminary review before decision is made, the intensification of voting system, the encouragement of participative and collaborative decision-making, the perfection of check-up and supervision system, etc. The reform being discussed are determined to enhance the existed role of Procuratorial Committee, to improve its performance quality and efficiency, to raise its executive authority, and to exercise an even active role in the procuratorial work with an adherence to national institution and democracy.The present academic paper is simply a limited outlook into the reform and innovation of the Procuratorial Committee in China, which is expected to be helpful when being implemented.