Petition On Procuratorial Work Mechanisms And Countermeasures Research

The system of "Letters from and Visits of the People involving Procuratorate" is a component of the Letters from and Visits of the People System, and is designed to settle social disputes and establish social order through legal means. However, this system is relatively marginalized in theory and practice of the procuratorate. Therefore, with today's increasingly intensified social conflicts and vigorously strengthened legal construction, how to define and develop the system involving procuratorate has become a major task for us. The author chooses Letters from and Visits of the People involving Procuratorate as the subject of this thesis based on interest in and concern for the procuratorate-related issues.First, the author distinguishes the narrow sense of the Letters from and Visits of the People from its broad sense and gives definitions of the two, on the basis of which the author compares the systems involving the procuratorate, the departments of the Communist Party and the governments, and other judicial organs, and demonstrates the characteristics of the system involving procuratorate. The biggest difference between the system involving procuratorate and the system involving the Party and the government is that the former seeks the procedural justice to ensure the objectiveness, correctness, and irresistibility of judgments and decisions. The biggest difference between the system involving procuratorate and that of other judicial organs is that the department under the former system not only has the right and responsibility of preliminary investigation, but may also legally supervise the investigation by the public security organs as well as judgment and trial by the court, and supervise the internal departments of the procuratorate. In addition, seven parts of the current system involving procuratorate are introduced, which include system publication, clear channel, responsibility system, problem solution, supervision and constraint, order maintenance, as well as establishment and evaluation of civilized reception office.The second part cites Pudong New District Procuratorate, a basic level procuratorate at the forefront of reform and opening up as an example. It deals with the mechanisms of this procuratorate regarding Letters from and Visits of the People in the order of the operation of the system involving procuratorate in terms of prevention, treatment, and supervision. The major mechanisms are case quality evaluation, risk pre-warning, and actively meeting with the people at the prevention stage; chief procurator reception, primary responsibility, and joint reception at the treatment stage; public supervisor, and efficiency surveillance of Letters from and Visits of the People at the supervision stage. These eight mechanisms are introduced in respect of actual operation.In the third part, the status of Letters from and Visits of the People involving Pudong Procuratorate is introduced, and the existing problems and causes thereof are demonstrated. There has been a lot of work in Pudong Procuratorate related to Letters from and Visits of the People in recent years. The causes thereof include:the litigant's lack of knowledge of the jurisdiction and procedure and the mentality of the same; the absence of sense of responsibility and legal knowledge of the staff in charge of the case and the reception staff, and inadequate internal and external communication and coordination; some judicial staff taking the work carelessly and focusing on substantive matters but ignoring procedures; in terms of legislation, the lack of definite provisions on accepting criminal appeal cases, and the lack of provisions on the punishment and termination mechanism about unreasonable appeal to higher authorities.Based on the current status, problems and causes, the fourth part proposes to improve the work regarding Letters from and Visits of the People involving Procuratorate in respect of improving legislation, strengthening procuratorate supervision, and improving the system involving procuratorate by innovative mechanisms. In respect of legislation, it proposes to improve the acceptance conditions for criminal appeal cases, the system of saving and helping criminal case victims, and the lawsuit dropping system; in strengthening procuratorate supervision, it proposes to strengthen supervision over the judicial organs and the procuratorate itself; in strengthening professional ethics and capability, it proposes to set up the concept of "law enforcement for the people", improve the case solving ability of the officers, and the reception quality of the prosecution and appeal departments, as well as strengthen the cooperation, communication and coordination among different departments. In terms of improving the system involving procuratorate by innovative mechanisms, it proposes to adopt public hearing system, intensify informatization, and carry out mental consultation, so as to utilize more means and methods to further improve the work regarding Letters from and Visits of the People involving Procuratorate.