The Specification And Perfection Of Prosecutor's Proposing System In Procurator Organs

The prosecutor's proposing system of procurator organs has experienced a course from nonexistence to existence since 1998.After more than ten years of demonstration pilot project. Many procurator organs have made great efforts in the area of prosecutor's proposing in many places. Nowadays , the procurator organs in more than 30 provinces including autonomous regions and municipalities have carried out prosecutor's proposing work. The birth of prosecutor's proposing systems is based on the result of the combined action of many factors ,and it has come into being just because a series of problems such as the covert procedure of measurement of penalty in our country , the lower overall quality of the judges and the lack of enough control by prosecuting authority in contentious procedure,therefore, it has certain social background. After a series of theoretical investigation,it lives up to the principle of lawsuit , it is beneficial to realization of procedural justice and it corresponds the principal theory of power restrain,so it is fully based on jurisprudence., and it also possesses and constitutionality and legality , which has realistic significance for us to put criminal policy of the law into practice leniency and strictness, to improve the overall quality of legal professionals .At the same,it can satisfy the basic requirements of the present journal of law and economics, accord with the general trend of the present international development . As a necessary process of progressive development in the area of judicial reforms, it has important influence on the perfection of the prosecution systems in our country. Of course ,as a new system , the establishment of prosecutor's proposing system by the procurator organs is not always roses all the way,It has also experienced the course of fight among all kinds of doubts ,objections ,insistence ,defence and standpoints. From the present situation, some related experimental work has been carried in many places,and the new system has been on the track of sound progress overall,the achievements are very remarkable. however,there is no doubt that owing to the lack of supporting policies, some problems come out during the course of experimental work, which need to be carefully studied and solved in the practice later. The specification of prosecutor's proposing system requires the establishment of supporting policies and the perfection of the system itself. On the one hand the specific provision of legal basis , applicable scopes , exercise styles and the efficacy need further consummating ,on the other hand ,some related systems need to be established such as the separation of the procedure of punishment fits the crime ,the disclosure of evidence ,the restriction to the monitoring of prosecutor's proposing system . It is believed that with the efforts and concerns of theory horizon and academic world, the specification and perfection of prosecutor's proposing system in procurator organs can be expected soon。...