Research On The System Of Chinese Procuratorial Committee

The Procuratorial committee system is an innovation of our prosecution system and it isalso an important content of Chinese characteristic socialist prosecution system. It originatesfrom1941and it experienced huge change from the chief prosecutor taking the responsibilityof the procuratorial committee chairman, the prosecutor leading the procuratorial committee,all the ways to the prosecutor charging the procuratorial committee at the current stage.Gradually, it forms the decision making system of procuratorial organs with Chinesecharacteristics..Under the requirement of deepening judicial system reform in central government, thestandardization construction of the procuratorial committee system has been graduallystrengthened and the standardized procuratorial committee system has been preliminaryformed. With the improvement of the system, some obstacles in the development ofprocuratorial committee have been addressed. However, there are new problems emerging inthe process of practice, therefore the theory of the procuratorial committee system should befurther developed and deepened.This paper is mainly composed of six parts. The first part is based on history whichintroduces the formation and development history of the procuratorial committee system andputs emphasis on the evolutionary and developmental process of the procuratorial committeesystem and standardization system. The second part discusses the value basis of theprocuratorial committee system through the viewpoint that procuratorial committee is the topbusiness decision-making organ of procuratorial organ, embodies the principle of democraticcentralism applied in procuratorial power, benefits for the healthy operation of procuratorialpower, as well as can strengthen the internal supervision and guarantee the judicial fairness.The third part is concerned with the basic organization structure of the procuratorialcommittee system. It discusses the staff formation, qualification, tenure and specified numberof procuratorial committee members, as well as the condition of administrative body whichform the basic framework of the procuratorial committee system. The fourth part discussedthe operational process of deliberation and decision of procuratorial committee based onpositive analysis from issue application, conference review, decision making to decisionexecution under the current procuratorial committee system and standardization system. The fifth part analyzes the problems existing in the current procuratorial committee system such asthe blurring of issue, inefficiency of issue discussion, slow decision making, insufficientlimitation to prosecutor, and inadequate improvement of procuratorial committee members,ambiguous orientation of full-time member and procuratorial committee administrative body.The sixth part gives some measures in terms of how to further improve the procuratorialcommittee system and standardization system. The national level4procuratorial organs allhave their own concrete responsibilities which have big difference with each other therefore itis not appropriate to set the unified index to inspect the efficiency of procuratorial committee.Meanwhile, some personal suggestions on how to clarity the deliberative range of issues ofprocuratorial committee has also been promoted. In addition, it should further specify itsexisting concrete norms so as to revolutionize standing orders. More limitations should exerton the power of prosecutors related to the procedure. It should also strengthen theestablishment of procuratorial committee members and regulate the administrative bodysettings of the procuratorial committee to perform its functions.