Scope Of The Research Of The Railway’s Procuratorate Law Case Limits Jurisdiction

Railway transportation procuratorate is country is located in the railway transportation system of legal supervision organ, belongs to the special people’s procuratorates, the implementation of legal supervision in railway transportation system. Our country existing17procuratorial branch of railway transportation,59grassroots people’s procuratorate of railway transportation, the procuratorial policemen over4300people. National railway’s procuratorate since June30,2012formally belongs to the people’s procuratorate at the provincial level territorial management, formal separation, with railway enterprises are no longer as railway enterprises with the authority departments, and formally incorporated into the national judicial system sequence.For a long time up to the ministry of railways, next to the railway station, the railway departments and administrative features and business at a suit, regulatory functions, both enterprise and enterprise management tasks; Both bearing pressure of production and operation, and to shoulder the burden of public service, the railway enterprise management become the railway enterprises across the major constraints in the development and comprehensive. As the agency of the state council reform and function transformation, the official implementation of railway, separate government functions from enterprise management, revocation of the ministry of railways, the ministry of railways of the original administrative functions, public welfare function as the new national railway bureau, included in the ministry of transport, overall management of the ministry of transport. The original ministry of railways railway passenger and freight smells of enterprise business activities, scheduling command to railway transportation system, railway construction production activities, shall be borne by China railway corporation is responsible for. This is the ministry of communications, civil aviation administration of China, national post office after the merger, build a big traffic system important milestone.Restructuring after the railway’s procuratorate, in the case of jurisdiction on basic still keep original jurisdiction. But after the restructuring of courts in the jurisdiction of the specific regulations still exist certain differences. Railway’s procuratorate exists in the jurisdiction of the jurisdiction, the specific nature of the case of a single, etc, with the rapid development of high-speed railway across the country, high iron age rapidly become a mainstream era for passenger transportation, the national railway’s procuratorate in serious decline in the number of accepting cases, the railway’s procuratorate work did not give full play to the functions. At the same time, in the field of shipping, aviation, highway transportation, because of the lack of procuratorial organ in charge of, whether in criminal cases accepted, or to the court of criminal, civil trial supervision, there is a certain vacuum. From the perspective of the rational allocation of judicial resources, on the basis of the railway’s procuratorate reform to set up the corresponding transportation procuratorate, the related departments into the jurisdiction of the land, sea and air transport in the field of blank which can make up for the judicial practice, relieve local judicial organs are few case more difficult, improve the efficiency of litigation, transportation system about optimization allocation of judicial resources.