The Openness Of Procuratorial Work

The Supreme People's Procuratorate issued the openness of procuratorial work in 1998, the prosecution system carries out the openness of procuratorial work widely, and constantly expand way of the openness of procuratorial work since the decision to implement the openness of procuratorial work.The openness of procuratorial work is a measure of fulfilling the obligations of the government information disclosure to protect the citizens right to information initiatives,for the purpose of improving the quality and enhance the Attorney handling prosecution of staff responsibility for the information disclosure. As a legal oversight body, the prosecution, in order to run the prosecutorial power transparent, will place prosecutorial power in the supervision of the public , and gradually explore the way of the information disclose in line with the realities in China. In practice, although there were some prosecutors didin't open the facts that should be opened, but the implementation of The openness of procuratorial work opened the way of information disclosure to the protection of the public right to know.Recalling the course of opening procuratorial affairs, summed up the experience of opening procuratorial affairs, discussing the theory of the openness of procuratorial work is the original intention of writing this article. In this paper,i'll Systematically expound and summarize the theory of the openness of procuratorial work .The first part is a simple exposition about the theoretical basis of the openness of procuratorial work.There are five aspects In this paper to expound the theoretical foundation of the openness of procuratorial work.Firstly, explain the reason in the view of the subject and audience of Information disclosure.The Government itself should fulfill the obligations of information disclosure, while the legal protection of citizens' right to know,the openness of procuratorial work is an important activities to practice the obligations of the government and the right of the citizens to know . Secondly, with the rule of law, the country's progress, the people the right to increase awareness of the modern criminal to pursue the protection of participants in the proceedings under the due process rights of persons procuratorial work open is the protection of the rights of due process under the measure. Moreover, as the legal supervisory authority should be subject to external oversight by procuratorial work open and take the people's mass line, to increase people's participation. Finally, the information disclosure is already a kind of status as an international trend, China is also information on the different attempts on the open road, is a form of the openness of procuratorial work.The second part is about the opening procuratorial affairs content. The openness of procuratorial work can be roughly divided into two parts procuratorial work open content and Inspection Service does not open the contents of the two constitutes a procuratorial work open the contents of the whole, are indispensable. The two parts form the whole body of inspection affairs' publicity and neither can be omitted. The thesis defines contents of inspection affairs' publicity through making sure factors which should be considered for publicity contents, and delimits theory category for inspection affairs' publicity. The inspection affairs' publicity includes inspection work's publicity and inspection operation's publicity. Inspection work's publicity is to present the contents which should be published from inner management, while, the inspection operation's publicity refers to the prosecuting authority, which should publish contents that are related to others' rights and obligations in the procedure of performing duties. This part is to completely discuss inspection affairs' publicity according to regulations of the Supreme People's Procuratorate, with regulations of The Constitution and The Criminal Law. Inspection affairs in camera mainly refers to state secrets, personal privacy, cases involved minors' rights and interests and business secrets. Considering the Procuratorate is also the investigation organ for duty crime, the thesis will take investigation contents as inspection affairs in camera.The third part is the form of the openness of procuratorial work. The openness of procuratorial work.Content is essential, form is the guarantee. The essence of criminal procedure is to ensure the realization of substantive law program. The forms of inspection affairs' publicity are existed to guarantee contents of inspection affairs' publicity, and they are keys for the Procuratorate's information publicity. The thesis discusses forms of inspection affairs' publicity from six aspects, and mainly emphasizes first two forms' publicity. The first one is publicity through mass media. The Procuratorate completes the change from passive publicity to active publicity through information report to media. The thesis mainly discusses active publicity, emphasizes the importance of founding Spokesman system and press conference, and presents the current exploration of cases online inquiry system. The second one is publicity through notice. The procuratorial notice is published through presentations given by the criminal suspect, the victim and the whistleblower. The third one is publicity through Hearing procedure. Due to the complexity of the procedure, the thesis introduces briefly that hearing is also a form of inspection affairs' publicity. At last, the thesis will briefly introduce inspection affairs' publicity display and the people's supervisor system.