Research On System For Chief Procurator Attending Judicial Committee

The Chief Procurator attending the meeting of Judicial Committee to discuss the case is aspecial judicial practice in our country. This attendance system in China came from the SovietUnion and other socialist countries which treat the Attorney of Soviet Union as a model alsohas a similar system, such as East Germany. This should be how to treat？In my opinion, theattendance system and the judicial committee system is the same with particularity to attend a" Judicial Committee " rather than the other (such as " Collegiate Panel "), the particularity ofattendance system and the particularity of Judicial Committee system are combined, also theConsideration of the Judicial Committee function and the necessity of attending by the ChiefProcurator are together. In China, the Judicial Committee is the highest decision making bodyof the Court of Justice, his first statutory duties are "summary trial experience, to discussmajor or difficult cases and other trial works." In Judicial practice, the author may be involvedin a broader range of cases discussed by the Judicial Committee, but most of these caseseither relating to the adjustment and implementation of relevant laws and policies, or relatedto the stability of the region-specific, and some even in this region creating a greater socialimpact。 Precisely because of this major and difficult cases or issues, with a typicalsignificance or impact of a wide range of its own is not a simple case or legal issues, it isnecessary to conduct a careful discussion through meetings of the Judicial Committee, notonly from the legal aspects of analysis, need more in terms of policy, social judgment, whilethe Chief Procurator on behalf of the procuratorial authority to participate which is moreconducive to make objective judgment. Our Constitution gives the procuratorial authority ofthe supervisor role,it required it to perform the duty of maintenance harmonization and thecorrect implementation of laws. Chief Procurator on behalf of the procuratorial authority toattend meetings of the Judicial Committee, based on Justice Policy to publish professionaladvice, not only to promote the correct formulation of judicial policy, but also to ensure themaintenance of legal unity and the correct implementation of the performance of the duties.The attendance system is one important way of the procuratorial authority to exercise itsjudicial supervision privileges.In recent years, with China’s judicial reform step by step, to achieve the judicial reformobjectives of fair and efficient and strengthen legal supervision, establish and perfect theCourt`s mechanism of external supervision and reform-oriented become clear and clear.TheSupreme Procurator emphasized that it should be scheduled as the main task of theprocuratorial reform in the current situation to reform and perfect the system of the legalsupervision of the litigation. And it pointed out it did need to improve the specific procedures of he system of The Chief Procurator attending the meeting of Judicial Committee andregulating the attendance system. Simultaneously,in the start of2010, The SupremeProcurator and The Supreme Court jointly issued a special judicial interpretation about thesystem of The Chief Procurator attending the meeting of Judicial Committee, which promotethe further development and implementation of the attendance system.However, since thesystem was born, the dispute has been exist, whatever reasonable or not,many scholars havequestioned the legal basis for this system exists and the expressly authorization oflegislature.They worried about the implementation of this system would be contrary to thebalance of prosecution and the defense judicial independence and secret appraisal and otherlegal principles, and presented it had many obstacles in practice, then cast further doubt on thepractical operability. The situation of the current judicial reform, how to combine of thecurrent judicial practice, to further improve and perfect the system of The Chief Procuratorattending the meeting of Judicial Committee will become an important issue in the currentand future period.Through the exposition about the historical evolution of the attendancesystem, the need of analysis,the problems and the system improvement, the author hopesorganize and analyze with the knowledge systematically and mastered the attendance system,in order to facilitate clear legal basis of this system, to avoid misunderstanding, promote theinstitutionalization of the construction, lay a solid basis for the work, expanding the efficacyof the system, and build long-term mechanism to strengthen the support mechanisms. Withrelated elements of reform of the judicial committee system, from the perspective of relativerationalism, it pointed out several opinions about the improvement and perfection of thesystem of The Chief Procurator attending the meeting of Judicial Committee.