Chief Prosecutor Case Responsibility System Research

For a long time, China’s procuratorial organs in practice has gradually formed a"procuratorial personnel undertakes to department head approval to the prosecutor orthe procuratorial committee decided to""three levels of examination and approvalsystem" of the administrative model of handling. But this kind of Cengcengbaguan,level approval level three examination and approval of the case handling pattern,make the prosecutorial power with strong administrative color, deviated from thenature of the judicial attribute, from the procuratorial rules of operation, resulting inlow efficiency of the practice of the procuratorial organs handling cases, theresponsibility is unknown, the liability of misjudged cases system is hard to carry outdisease case. With the development of our society and the rule of law, especially thejudicial system reform forward, explore the construction of judicial attribute salience,procuratorial power independently run, administrative colors faded, conform to thelaw, judicial judicial attribute handling mechanism, adapt to the needs of practice inhandling cases is particularly urgent. While the current procuratorial handlingoperation mechanism restrict the development of judicial operation, is also difficult tomeet the need of procuratorial system and litigation system in the modern country. Inorder to adapt to the society of rule by law the judicial needs of procuratorial organs,and the need to implement the reform of the judicial system and working mechanism,the Supreme People’s Procuratorate launched "Prosecutor System" pilot reform.This paper from a legal professional perspective, by using the method ofinvestigation, case study, experience summary method, comparative study method andother research methods, combined with the domestic and foreign research status ofchief prosecutor of the responsibility system, and focuses on the analysis of domestichead prosecutor of the pilot reform experience method, explores the director of theprosecutor construction direction and Thinking on perfecting the responsibility system.The specific contents are as follows:The first part starts from the background and significance, review combined withpresent research situation home and abroad, this part mainly expounds due to scientific level three model approval law enforcement procuratorial institutions inChina handling cases, and hindered the development of procuratorial organ judicialwork operation, so chief prosecutor responsibility system reform with the bigenvironment of judicial system reform was born.The second part of the chief prosecutor concept responsibility system and definesthe legal basis, director of the view that the prosecutor the reform orientation ofresponsibility system should be responsible for this system at the level of theprocuratorial organ of judicial resources and judicial power optimization andreorganization in the inspector, and not only so, chief prosecutor system the reformhas its practical significance, it can highlight the chief prosecutor’s main body statusand the law enforcement and judicial attribute handling and strengtheningaccountability mechanism.The third part discusses the realistic foundation of prosecutor reform directorresponsibility system, it conforms to the internal demand to change the currentjudicial system reform, construction, attorney professional law impartial lawenforcement mode. And to provide the pilot reform of procuratorial team itself aroundthe current element can upgrade, practice experience and the experience of overseaspractice provide practical reference to rely on.Through the fourth part of Hebei Fengfeng mining area procuratorate reform thepractice discussion, we summarize the specific experience in Fengfeng mining areapeople’s Procuratorate to explore reform responsibility for head prosecutor handlingthe case, and in Fengfeng mine director procuratorate adhere to the guiding principleresponsibility system reform guiding ideology, abide by the start, around the internalinstitutions, integration chief prosecutor selection and management, chief prosecutorpermissions with the supervision and the head prosecutor occupation securityexperience content as the focal point, the chief prosecutor system reform to do atypical case that.The fifth part discusses some restriction factors appear because of reform inFengfeng mining area procuratorate: authority of the prosecutor and related personnelresponsibilities are not clear, the independence of the prosecutor was hobbled by the director, director of the prosecutor’s occupation guarantee system is not perfect,the lack of effective decentralization after follow-up of chief prosecutor supervisionmechanism. In view of these restrictive problems put forward several suggestions toperfect, as in the relationship between the powers and responsibilities of relevantpersonnel of unknown problem, the author suggested that should clear headprosecutor and the person in charge of the department responsibilities, a clearrelationship between chief prosecutors and other prosecutors responsibility relationand clear head prosecutor and the attorney rights and responsibilities to achieve unity,duty and interest; in the perfection of related mechanisms, the innovation in personnelmanagement level, promote the reform of the personnel system of classifiedmanagement, perfect occupation protection officer prosecutors and strengthen thematching management head prosecutor; finally on the basis of the principle of theunity of power and responsibility, strengthen the supervision of the director afterprosecutors decentralization, prevent the abuse of power, from the innovation of theexternal and internal monitoring mechanism to strengthen supervision to perfectdirector of prosecutors, balance the relationship between decentralization and powerrestriction.