Prosecution For Violations Of Judicial Staff To Carry Out Empirical Research Misconduct Investigation

In2010, Regulations on Strengthening the Law Supervision of Judicial Staff’s Malpractice in the Litigious Activities (Trial) was published jointly by the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of State Security, the Ministry of Justice, which defined as the procuratorial organ of the state organ for legal supervision, in case investigation the duty crime and other functions and powers, further increase of judicial personnel does not constitute a crime but a serious breach of duty behavior legal investigation and supervision of the authority to correct, this is the important achievements to judicial reform, to strengthen the prosecution of legal supervision responsibility, the importance of maintaining social fairness and justice.Then, the provisions in force for over three years, it was carried out as expected in judicial practice effectively? The design of the system it is perfect? With these questions, we conducted an in-depth investigation and study. After investigation, we found that there were many judicial circles and even the procuratorial organ’s comrade, can not accurately grasp the concept of investigation for violations of the judicature staff dereliction, in procuratorial practice, it is also due to the implementation of the subject of investigation is not unified, the investigation procedure is not perfect, investigation and treatment results of security is not in place, the subject of investigation supervision not clear and other reasons, has not been fully used up, play its active role. Therefore, this paper closely combines the actual procuratorial work, clarifies the concept, main body, uniform refinement procedure, strengthening treatment results of security system, strengthen supervision and other aspects of the subject of investigation, put forward to regulate and perfect suggestions to the provision, in order to benefit the procuratorial organs staff in accordance with the law, exercise the functions of a comprehensive, correct to better fulfill the responsibilities of legal supervision.