Research On The Contradiction Between The Procuratorates And Courts In The Field Of Criminal Litigation

The people’s courts and the people’s procuratorates are two important parts ofChina’s judicial structure. Since the establishment of new China, the relations ofChina’s courts and procuratorates have been constantly running and adjustmenting.But the conflicts and contradictions between the institutions are even more obvious.The criminal procedure law and the constitution law provide the division ofresponsibilities, mutual coordination and mutual restraint as the basic norms ofpeople’s courts and people’s procuratorates. But this basic legal principles bring manyconflicts to the judicial work of the people’s court and people’s procuratorate. Therelations of china’s courts and procuratorates in judicial practice vary materially fromthose of legislators envisaged.The conflicts of the people’s court and people’s procuratorate are multi-layered.The most directly aspect display in the process of litigation. Specifically, in the aspectof interest, this kind of conflicts are manifested as varying degrees of contradiction inchanging the prosecution charges, dealing with the problem of the illicit money andgoods as well as the fine. In the aspect of evaluation index, the courts and theprocuratorates have targeted contradictions on the problem among the rate of servicecontracting and the rate of appeal and the rate of protest, the problem of the rate ofsecond instance issued changed, the particularity of protest cases and the problem ofthe restrictions on the withdrawal of the rate of prosecution. In the aspect ofinstitution design, this kind of conflicts are manifested as the attribution of judicialinterpretation and the withdrawal processing of the procuratorate’s itself cases. Inaddition, there exist contradictions between the courts and the procuratorates ininspection and supervision that is the tension between supervisory authority ofprocuratorate and independent judicial authority of the people’s court. It can be said,In our judicial system the conflicts of the people’s court and people’s procuratorate exist in the entire judicial process of practice. Those highlights the conceptual andinstitutional irrationality of China’s judicial system.Consistently with the multilevel nature of the conflicts performance of thepeople’s court and people’s procuratorate, There exist deep-seated reasons for thecontradictions between the procuratorates and courts. There are both institutionalreasons that the Integration of detection and coercion and the integration ofsupervision and complaints in procuratorial organs and appraisal system reasons thatthe procuratorates and courts have their own performance appraisal system, whichmakes the procuratorates and courts tit for tat in order to achieve their performanceindicators. The restrictions of limited judicial resources make the procuratorates andcourts suffer the lack of the trial procedures, personnel and establishment. This led tothe procuratorates or the courts to resist and reject the independence requirements ofone of the parties. At the same time, factors other than the judicial process more orless affect the health maintenance of the relationship between procuratorates andcourts. Those were reflected in the reality of the situation, people’s courts and people’sprocuratorates in the independent exercise of their power will inevitably be impactedby some outside factors. For example, they may suffer the interference of executivepowers and misconception to this division between the people’s courts and people’sprocuratorates, and even some misunderstanding. These will affect the relationshipsof the people’s court and people’s procuratorate.The conflicts and stabilities of the relationships of the people’s court and people’sprocuratorate not only relate to the effective work of the prosecution and judicialorgans. In a deeper level those affect the healthy operation of our judicial system, andthus affect the smooth development of china’s legal construction and results achieved.In order to relieve the tension between the procuratorates and courts, and maintain thebasic functions of the judicial system and the fundamental value, we firstly shouldadjust the people’s court and the people’s procuratorate system, reform the financialsystem and supervision system, practice an independent national reunificationfinancial, reduce the strong position of the procuratorial organs through programsettings and complete their judicial duties of supervision by using subsequently supervision. The second, we should weaken the role of the evaluation of theperformance appraisal, adhere to the combining punishment with leniency criminaljustice policy, focus on different standards in different contexts, strengthen the qualityof case processing, strengthen the training of judicial staff and unified ideology andlegal practices. The last, the courts and prosecutors should remain relativelyindependent, stick to their own role obligations, prevent excessive erosion of theexecutive power together. The courts and procuratorates can not be reduced toadministrative tools that will cause a complete departure from the judicial philosophyand judicial value. We should avoid irreparable contradiction under the guise ofprocuratorate and court "harmony".