The Study Of The Construction Of Procurator Professionalization In China

Prosecutors occupation is the prosecutor will exercise the national procuratorialpower as a specialized occupation, get the corresponding occupation identity, has aspecial occupation consciousness, professional occupation ability, has a high occupationmorality. Following the occupation characteristics: first, the prosecutor is indispensablepart of the legal occupation community; second, according to the constitutionspecializing in procuratorial work, the procuratorial power exercising state; third, legalknowledge, legal thinking professional and the ability of using law; fourth, occupationstatus relative independence; fifth, occupation ethics with "loyalty, justice, clean,civilized" feature; sixth, has a special prosecutor management mechanism.At present, the prosecutor’s occupation, the academic circles and the judicial worldin its necessity and realistic sense has already reached a consensus: the evolution ofattorney occupation guide Chinese development process of reform of the judicial systemand the rule of law society, the important and profound realistic significance. However,the prosecutor occupation in China faces many difficulties, can be summed up in threepoints: first, the prosecutor for fuzzy nature of the position, several popular executivesaid, quasi judicial judge said, and the double attribute of legal supervision officer said.Secondly, the penetration of procuratorial management, such as prosecutors levelreference civil servant law apply to its treatment and level, in accordance with thedivision of methods from the clerk level to level administration division of occupationstatus; influence of personnel management, the prosecutor’s management, recruitment,promotion, rewards and punishments, turnover, retired civil servants are based on seriesetc.. Finally, the procuratorial work is not independent, which is mainly attributed to thedual leadership system, the procuratorial organs and master the material guarantee andhuman resource of procuratorial organs handled by local party and government. Prosecutors occupation construction is a necessary requirement to implement thestrategy of ruling the country by law, is the need to solve practical problems aprocuratorial reform in the field of theory and practice, because prosecutors occupationconstruction is the basic guarantee of the procuratorial organs exercise procuratorialpower independently and impartially according to law of procuratorial organ, but alsoseek a fundamental path itself sustainable development. Through the study of westernstate prosecutors occupation of comparison, and for the construction of the occupationof the prosecutor our plan, in-depth study of the prosecutor occupation constructionrelated theoretical and practical issues, and cautiously put forward a series ofconstruction occupation of prosecutors in China in the new system concept. This articlefrom the prosecutor occupation construction through the analysis of the procuratorialsystem definition, history and foreign prosecutors occupation construction mode andtype, experience, pointed out that in our country important attorney occupationconstruction. Using the historical analysis and comparative research methods, historicalbackground and operation characteristics, the several types of procurator system andconstruction mode of development were briefly, to further explore the path ofconstruction occupation of prosecutors in china.