Research On The System Of The Full Time Committee Members In The Procuratorial Committee

Creation of the full time committee members in the procuratorial committee system isanother major innovation of the procuratorial system with Chinese characteristics. It has apositive effect for improving the structure of the procuratorial committee, increasing thequality and efficiency of the procuratorial committee of procedure, and enhancing theprofessionalization and scientificalness of the procuratorial committee decision-making.However, the revised “Regulations on the Organization of the People’s ProcuratorialCommittee” in2008for the full time committee members’ other duties in the procuratorialcommittee is different from the general members, that should be “otherwise provided”. But sofar, the Supreme People’s Procuratorate has not yet made specific provisions for theresponsibilities of the full time committee members. It cause that there is no uniformprocedures and standards for the election of the full time committee members. Thepositioning and responsibilities of the full time committee members are not clear, and theprotect mechanisms to support the performance of their duties are not yet established. Theseproblems have seriously restricted to fully carry out the functions of the full time committeemembers in the procuratorial committee, and affected its role effectively.Through empirical investigation of working mechanism of the full time committeemembers in the procuratorial committee in Chongqing, author of the article aimed at a moresystematic and comprehensive introduction to the full time committee members in theprocuratorial committee system, found out a lot of problems need to be solved that existed inthe current system of the full time committee members in the procuratorial committee, and inthe light of these problems, put forward some appropriate solutions. In order to improve andperfect the existing full time committee members in the procuratorial committee system, tospeed up the establishment of the full time members perform their duties necessary supportingprotection mechanisms, to promote the early introduction of specific provisions of the fulltime committee members in the procuratorial committee in selection, duties, location, powerand so on.In addition to the introduction and conclusion, this article is divided into three parts,totaling more than twenty-eight thousand words. They are: An overview of the full timecommittee members in the procuratorial committee system; An Empirical Study concerningthe status quo of the full time committee members in the procuratorial committee; Suggestions about how to perfect the working mechanism of the full time committee membersin the procuratorial committee.The first part is an overview of the full time committee members in the procuratorialcommittee system. The legal status of the full time committee members in the procuratorialcommittee, including three aspects, are: the full time committee members serve as the chiefprocurator’s advisers or assistants in procuratorial business; they are full-time professionalleadership in the procuratorial organs; and they also are a link contact the procuratorialcommittee with the superior and the lower. On the responsibilities and powers of the full timecommittee members, there are six major aspects: First, to assist the leadership of theprocuratorate guiding the procuratorial business work; Second, to review and put forwardwritten comments on the issues submitted to the procuratorial committee before the meeting;Third, be responsible for the investigation of procuratorial business case, providing the legalpolicy advisory services; Fourth, be responsible for cases of quality supervision and appraisal;Fifth, be responsible for the procuratorial business training; Sixth, to guidance or undertakemajor difficult cases, etc. Therefore, equipped with the full time committee members in theprocuratorial committee have necessity, which can improve the hierarchical structure of theprocuratorial committee, and promote the procuratorial committee towards professionaldirection to develop. It also can safeguard the fairness and scientificalness of the decisionmade by the procuratorial committee, and improve the quality and efficiency of theprocuratorial committee.The second part is an empirical investigation with respect to the status quo of the fulltime committee members in the procuratorial committee. The object of this empiricalinvestigation is the full time committee members of the procuratorial organs in Chongqing.Through the list, the author analyses and summarizes the full time committee members inChongqing’s procuratorate at all levels on their distribution, numbers, age structure,educational and legal professional backgrounds, responsibilities and powers, etc. And pointsout the problems of the full time committee members in the procuratorial committee system inoperation. For example: there are still part of the county has not yet implementing theinstructions of the central file with the full time committee members; The existing full timecommittee members of the aging trend is serious; Although the full time committee membershave a wealth of business experience and personal qualifications, their educational level isgenerally at a low degree; Parts of the full time committee members were the demobilized army or to get bachelor degree through the Party School; A small number of the full timecommittee members have non-legal professional background; Parts of the functions and rolesof the full time committee members were falsified, making it difficult to play a role topromote the professional construction of the procuratorial committee.The third part is the proposal on improving the working mechanism of the full timecommittee members in the procuratorial committee. First of all, for most of the procuratoratesare not because of their work, but the person to set up the full time committee members,resulting in the problem that the full time committee members have a strong administrativecolor. The qualifications of the full time committee members should be clear, mainly from theeducation, work history, business ability to commence. Secondly, we should regulate the fulltime committee members in the procuratorial committee of the selection and managementprocedures, including the introduction of competition mechanism, the definition of theestablishment, the implementation of the tenure system, the establishment of training andlearning system, the reporting on activities appraisal system and the liability evaluationmechanism. Thirdly, in order to effectively ensure the full time committee members in theprocuratorial committee can fully perform their duties, they should be given the followingpowers: the power to attend the meeting, the power to review, the power to make proposals,the power to procuratorial supervision, and the power to the business directing. Fourthly, therelationship between the full time committee members and the procuratorial committee officeshould be made clear; The fifthly, the relationship between the full time committee membersand other members in the procuratorial committee and the leaders in charge should be madeclear; Sixthly, supporting security mechanism should be established to improve the full timecommittee members in the procuratorial committee perform their duties.