Case Instruction Institution Ofprocuratorate Department

On August3rd,2010, the Supreme People’s Procuratorate issued the ’provisions of Supreme People’s Procuratorate on case instruction work’, which preliminarily established the case instruction institution of the Procuratorate department. Because of the’provisions’have been formed from just eighteen articles, from which there is obvious not enough informations to build an institution. Therefore, the’provisions of Supreme People’s Procuratorate on case instruction work’can only be regarded as the basic principle of the case instruction institution. The nature of the case instruction institution, the functions of the case instruction institution, and even the concrete structure of the case instruction institution (such as:case editing system、publish system、case application system, etc.) are still need further research and perfection, from views of no matter the theory, the legislation, the judicial practice and any other aspect. Therefore, this article expands mainly from the four aspects:in the first part, elucidate the nature of the case instruction institution from comparing it with the western legal precedent system and the previous ’case publish institution’. In the second part, elucidate the functions of the case instruction institution from that, it is conducive on making up for the defects of statute law, simplifying the process of applying the law, unifying the judicial standard of the Procuratorate department, binding the discretion of the prosecutors. In the third part, dissect the concrete structure of the case instruction institution from several aspects as the case editing system, the case publish system, the case application system, etc.In the fourth part, point out that there are some problems and shortcomings of the present case instruction institution,for example, the case application system is not perfect, the responsibility mechanism is not quite perfect, the arranging mechanism has not yet been established, the encouraging mechanism is not perfect,the relationship and coordination mechanisms with other judicial organs are also not perfect enough. And then this part gives the suggestions about how to perfect it.