The Study Of The Basic Case Handling Organization In Procuratorial Organs

The Procuratorial organs as the specialized legal supervision organs in China,have to shoulder the most complicated and arduous tasks compared with other organs.An efficiency and convenience channel for procuratorial case handling could be a guarantee maintaining the normal running of the national machinery. To improve the quality an efficiency of procuratorial case handling need the reconstruction of the internal organizations of the procuratorial organs and the exploration of a new model of case handling organization which is more scientific and reasonable in order to release everyone’s potential abilities and to pursue the "1+1>2" effect.In 2013,an experimental reform was held by Supreme People’s Procuratorat e which named The Chief Prosecutor Case Responsibility System.The reform is try to break the old-fashioned rules and let the chief prosecutor be the core o f case handling. By entrust more decision-making power to individual procurato r and lessen the procuratorial power of the department head,the procuratorial au thority could be separate with the executive power, and the number of exami nation and approval procedures would be decreasing.Then put more human resour ces into case handling work so as to ensure the quality of the work.Since the establishment of a new round of reform of the judicial system, The judicial organ organization model received widely attention, 4th plenary session of 18 th CPC Central Committee Passed "on several issues of justice system reform framework opinions" and it’s seven reform policies are associated with this, and The fourth point directly pointed out that to improve the responsibility system of handling a case, Increase the intensity of open justice, To strengthen the supervision and restriction mechanism; 4th plenary session of 18 th CPC Central Committee Passed< The CPC Central Committee decided on the full implementation of a number of major issues of governing the country according to law>Will be implemented Chief prosecutor handling the responsibility system is an important measure for China’s procuratorial organs handling organization reform. The Party Central Committee in 2015 April issued "<On the implementation of 4th plenary session of 18 th CPC Central Committee decided to implement the plan to further deepen the reform of the judicial system and social> also put the construction of the rule of law work team as an important aspect of reform.But any reform is not everything go smoothly, After the implementation of chief prosecutor handling the responsibility nearly two years, It is necessary for us to carry on the summary, affirm the achievements, found the problem, put forward the countermeasure, to evaluate the feasibility of the system again, And make a series of adjustments.In this article, it is along this thinking:The first chapter of the article is to explore the value of the procuratorial organs handling organization, to solution the problem of "why to organs handling organization reform "The second chapter is summarize all organizational model since China’s procuratorial system has been established, Including "three examination and approval system",” The Chief Prosecutor Case Responsibility System” and“the Chief Litigant Prosecutor Case Responsibility System”. In this part, the author will use the "comparative analysis", the 3 point will be divided into two groups, compared, to put the three concept, more intuitive, more profound show。The third part is mainly to the " The Chief Prosecutor Case Responsibility System " research, starting from the actual situation of the experimental point, the chief prosecutor property of identity and the scope of power all aspects of positioning, Analysis of the progress of the system and is facing or will face difficulties, puts forward the system limitations that may exist.The basic theory of prosecutors handling the case, is to solve the "what is a reasonable handling organization" problem. In this chapter, the author will discuss the theory into three issues: One is the " release right" and "retrieve right" problem; Two is the " entirety " and "independent" problem; Three is the " inspect " and "administrative" problem. This article also introduces the overseas procuratorial organization, sum up experience, for our country the procuratorial organization reform inspiration.At the end of the article is to suggest on The chief prosecutor handling the case responsibility system" Puts forward the personal opinion with “how to carry out the chief prosecutor handling the responsibility system reform, how to distinguish procuratorial power, and administrative power, to form of long-term mechanism.”, In order to contribute with construct the prosecutors handling the case organizations.