Research On Grass-roots Prosecutorial Committee System

Prosecutorial committee was established in the fifties. In the background of the times, Prosecutorial committee played an important role in the judicial practice. After several decades of effort, Prosecutorial committee system gradually goes towards a more just and more efficient direction. With the rapid development of society, the rules in the system not in accordance with the actual situation is obviously lagging behind the time, these issues attracted scholars and practitioners staff attention. Based on reality and social development trends, identify the lack of grassroots prosecutorial Committee system, and the shortcomings of system are analyzed and judged by author. People expect that committee enhance the ability of determination of cases and increase the prosecutorial committee authority and credibility of the Commission. In China's national conditions, the prosecutorial Committee was generated following the background .the system doesn't exist abroad, and the number of academic circles on the primary inspection committee system is also very few. How to improve the grass-roots prosecutorial committee system, how to play the role of grassroots prosecutorial Committee, to better fulfill its responsibilities and rights, to avoid the proceedings of nonscientific is quite significant. The author took a relevant research and exploration about the prosecutorial committee. The author conduct research by review of relevant literature and the writings of the grassroots prosecutorial committee, from the prosecutorial composition of members of the Committee to the recommendations of prosecutorial .Taking the advice of member of prosecutorial committee and analyzing the problems detected difficultly, the author make some good suggestions. In addition to Preface and the conclusion of this thesis, the total article is divided into four parts, structures as follows:The first part is the review the development of the system. Our brief summary of some relevant laws and regulations, such as"public prosecutorial law of the people's republic of china"etc. Formulation of the Prosecutorial committee system should develop with the day. Improving Commission system is a continuous improvement process.The second part is that we should have a four-point understanding of the committee. First, a grass-roots committee is the decision-making of law and collecting discussion body; Second, the Committee is the grass-roots implementation of business decision-making, to discuss major cases prescribed by law as well as other major issues of law. The most important function is to conduct total business, the macro guidance; Third, committee is a judicial decision-making body. Committee decided certain cases and matters submitted by the legal procedures; Fourth committee is the body of management functions. The prosecutorial committee is also recognized as a property described.The third part is that the author had a research in S District procuratorate of Nanjing. By analyzing the structure of Committee and analyzing the Review Committee members, especially the age and position full-time members and specific meeting process, the author found the problems of the committee and the deficiencies in the system.The fourth part is that the author proposed several recommendations to improve the system of committee. First, remove the administrative role in the Committee members of the committee system, exploring new ways to elect committee members; second, because of specific duty, the committee should solve the important things. the unimportant cases should not be put to the Committee to discuss, so that the Committee will be free from the busy things, and have more time and energy to solve fundamental problems in cases; Third, setting up supervisory bodies on committee; Fourth, the Committee member who does not comment on cases should leave the committee, strengthening the committee members a sense of responsibility and urgency.