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The Study Of Perfecting Our Country’s Prosecutor Management System

Posted on:2015-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2296330431979055Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
China economy has been developed rapidly within30years since the restoration of China procuratorial system and Reform and Opening-up. On the other hand, construction of rulling by law also developed rapidly. Change of Planning Economic system to Market Economic system has made great impact on our national economy, politics, culture and so on. The Judicial system has reached to the line where we must bring reformation, for which Chairman Xi stated he will drive reformation to the end. The reformation of procuratorial system is an important part of reforming Judicial system and political system. The reformation of procurator management system is an important factor which relates to interests of different parties. Hence reforming procurator management system align with long term development of Rulling by law, and building professional, high quality, elite procurators are the key problems that we need to resolve.This article is based on the study of procuratorial practices and learnings from the experiences of foreign countries through introducing the main problems in procuratorial mangement system and comparing with foreign procuratorial system. It also points out the effective methods and measures by combining spirit, policy of the Judicial system from18th of the Third Plenary session, and spirit of2014Central Political-Legal conference. The article has6parts:Part1, the prologue. Points out the purpose and meaning of studying prosecutor management system based on its current reality. This article is in response to the needs of procuratorial practices, sets destination to the reforming of procuratorial system in our country, has the meaning of letting procuratorial management system aligns with the reformation of judicial system, to ensure the procuratorial power excutes smoothly.Part2, introduces general theory of prosecutor management system. Includes the definition of prosecutor management system, and constitutional, legal basis of prosecutor management system reformation.Part3, analyzes China’s current procuratorial management system and finds out the disadvantage. First of all, based on the collection of information, introduces prosecutor selection, evaluation, punishment, career protection, training in order to detailize prosecutor management system’s reality. Second, based on further research, discovered disadvantages in prosecutor management system such as the inconsistent standards when selecting the prosecutor and restriction to it; administrative prosecutor management system; prosecutor’s security system not in perfect condition; prosecutor’s position is too broaden; prosecutor’s training is too formalized. When pointing out the disadvantages, found out the reason behind it based on the explanatory research.Part4, states foreign prosecutor management system, and learn the useful experience. First of all, introduces foreign policy in terms of qualification, career security, training. Second, referenced from the experience that can be used based on China’s reality.Part5, is the core of this article. Based on the findings from the previous problems, and combined actual works, systematically pointed out the actual practices which can improve the prosecutor management system. Such as the implementation of vertical leadership in procuratorial system, establish separate management system in HR and Finance; raise the standard of prosecutor access mechanism, procuratorial system unique recruiting mechanism, expand prosecutor recruiting scope, and set the prosecutor entry level based on their experiences, prosecutor’s leadership should be selected by publicly open elections, limits non-operational position recruitments in order to tune the procuratorial team structure, and recruit clerks to assist prosecutors; improve the prosecutor assessment, promotion, reward and punishment, bring innovation to the evaluation mechanism and establish active promotion mechanism; categorise procuratorial management; improve prosecutor’s career guarantee mechanism, establish legal protection mechanism against illegal orders, improve prosecutor’s material incentive; provide professional training to prosecutors, build judicial all in one training mechanism and so on.Part6, is the conclusion of this article. Summarises the whole article and points out areas that has not been researched through this article.
Keywords/Search Tags:prosecutor, prosecutor management system, verticalleadership
PDF Full Text Request
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