Reconstitution On Case Management Mechanism Of Procuratorial Organ: Focusing On Both Procedure And Entity

Procuratorial organs set its goal to push forward the reform of case managementmechanism. Though the goal is to "realize the scientificity and standardization,whole-coursing, refinement, and information of management during lawenforcement, and promote scientific development in procuratorial work", its finalfoothold is through this reform, namely the redistribution and adjustment of theinternal supervision inside procuratorial organ, to realize the entire restriction anddynamic monitoring to the law enforcement of procuratorial authority departments,to ensure the specific operation of procuratorial powers. But from the perspective ofthe reform process, due to the lack of courage to restrict and supervise its own lawenforcement, the procuratorial organs at all levels has appeared deviations during putforword the reform which is called as "the most revolutionary reform" by theprocurator-general of the supreme people’s procuratorate Cao Jianming. The internalsupervision assigned to the case management department is insufficient, so the casemanagement department, which is ought to be "procuratorial organs comprehensivebusiness management department", has become a business of "back office "or "mailoffice ". it could not achieve the purpose of "ensuring justice, rationality, honesty,specifications in law enforcement " and "ensuring procuratorial authority performingproperly in accordance with the law. Based on above, the author thinks that,prosecutors case management mechanism reform, should not only entitle the right ofprogram management to case management department, but also entitle them the rightof entity supervision of law enforcement. Only in this way, the real purpose of casemanagement could be achieved. Otherwise, the procuratorial organs will be onsuspicion of expanding institutions and producing headcount under the name ofreform, and it also will lead to enormous waste for limited judicial resources.To fully demonstrate this point of view, this article mainly uses the method oflaw explanation, historical analysis, and empirical analysis to carry out the research.First, it reviews the basic structure and the development history of case managementmechanism of procuratorial organ, and comprehends the function and developmentprocess of the procuratorial organs case management mechanism, so to establish knowledge and theory basis for analyzing the mechanism; Then, it introduces theoperational mode, namely, manifestation mode of administrative examination andapproval type case management mechanism in the procuratorial daily work, beforecase management mechanism reconstruction. the author analyses the advantages anddisadvantages of the mechanism and lead to the cause of reconstruction to the casemanagement system; Therewith, on the basis of the criticism to administrativeexamination and approval management mechanism, this paper illustrates theimportance of case management mechanism reconstruction in strengtheningprocuratorial organs working procedure management and working entity supervisionfrom four perspective as follow: the social development, justice management,procedure justice and judicial power self-regulation; Thereafter, it promotes thejurisprudence analysis to cases management mechanism reconstruction from theseparation of powers, due process, the efficiency of lawsuit, and it provides legalfoundation for the case management mechanism in which the procuratorial organsreconstruct mechanism at perspective of entity and procedure; Finally, from theperspective of positivism, it researches the function, target, operation mode and theresults of case management mechanism both at perspective of entity and procedureof one county people’s procuratorate in S county, Guizhou province. through thepractice of S county, it is proved that the case management mechanism, payingattention on both entity and procedure is advantage to improve efficiency ofprocuratorial organ’s law enforcement and guarantee procuratorial specificationoperation. Finally, at the end of the article, from the perspective of judicial justiceand efficiency, it points that it is important to supervise entity rights for casemanagement department, but also it responds the counterview that the casemanagement department should supervise entity rights during law enforcement. Itdraws the conclusion of this article: the case management mechanism ofprocuratorial organs should be reconstructed at perspective of both procedure andentity.