Prosecutor Accountability System

Our government attaches importance to the supervision and punishment of the prosecutors. Since the reform and opening-up, a number of new laws have come into existence, including "Law on Civil Servants", "Law on Prosecutor", "temporary provisions on disciplinary measures of prosecutors", " disciplinary measures on illegal activities and malfeasance", "nine mandatory rules enacted by the supreme people's procuratorate" ect..The organization and procedure concerning how to punish prosecutors, who have done illegal activities, have been regulated in detail and strictly, which play a tremendous role in the team building of prosecutors and the realization of judicial fairness.However, as the internal supervision mechanism is not an independent organization, the accountability system for prosecutors often malfunction. The deliberate or mistaken illegal acts occurred from time to time. Firstly, this paper gives a definition to the concept of the prosecutor's accountability system, considering that accountability system refers to specific organization or subject of the country guided by the law and necessary procedure to confirm whether the prosecutor's acts should assume the bear legal liability and should bear what legal liability. meanwhile, accountability system for prosecutors is important to the maintenance of social justice, the improvement of country's legal system, the prosecutor's act standardization and diligence for work, the maintenance of prosecutor's overall image and vocational reputation,the safeguarding national interests and the legitimate rights and interests of the parties, prompting to form the style of inspecting according to the law, improving the professional ethics etc.. Secondly, this paper introduces the present situation of prosecutor's accountability system in our country, indicating that our accountability system is specified in every detail and particular and highly operational in practice, while the defect is China has not established an independent monitoring system. Thirdly, the author makes a comparative analysis with the legislation abroad , considering that China's single internal procuratorial organization cannot undertake the accountability of the prosecutors, and the monitoring system is not in place; the punishment methods to prosecutors are too rigid and single without the employment of modern means of the rule by law; we should consolidate the system by separate statute law. Finally, by using the experience of other countries for reference and combining national conditions, the author put forward several suggestions: 1) the combining of internal supervision organization and specific external punishment organization; 2) extending the means of punishment;3) drawing up "prosecutors disciplinary code"...