Font Size: a A A

Legal Thought Of Perfecting Our Responsibility System Of Prosecutor Handling The Case

Posted on:2016-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:X L ShiFull Text:PDF
GTID:2296330482959996Subject:Administrative law
Abstract/Summary:
To change the operating mechanism of procuratorial power characterized by administrative examination and approval, is an important objective of judicial reform in recent years. However, the Responsibility system of main-suit prosecutor, and prosecutor mainly handing the case failed to solve the judicial problem of administrative examination and approval. Even in the principle of integrating procuratorates, the administrative examination and approval had been strengthened. The responsibility system of chief prosecutor directing the case is based on the system of main-suit prosecutor and prosecutor mainly handing the case, which makes a new attempt to reform the operating mechanism of procuratorial power and an adjustment of power, responsibility and interest without substantive changes in its functional orientation. In essence, it is still exercising the power of examination and approval. There exists some problems. For example, the prosecutor has not yet formed an independent judicial personality.More attention is paid to securing the status and treatment of chief prosecutor but less to its supervision. The key of reforming and improving chief prosecutor handing the case is to remove the power of examination and approval, to cancel the administrative level, to establish judicial independence of chief prosecutor, to classify the position of chief prosecutor and create the supporting mechanism of supervision in addition to having classified prosecutors management.
Keywords/Search Tags:Responsibility system of prosecutors handling the case, Main-case prosecutor, Chief prosecutor directing the case, Relatively independent prosecutors, Integrating procuratorates
Related items