Procuratorial Organs Responsibility System For Case Study

After the fifth plenary session of 18,the central puts forward perfect again to carry out the reform of the judicial system, procuratorial organs working responsibility system is an important content of reform of the judicial system reform. In September, 2015, the supreme people’s procuratorate at the same time also introduced a "about some advice to perfect the responsibility system for the people’s procuratorate justice(full), has been clear about the prosecutors case responsibility system is the director of the prosecutors case for the realization of the form, the prosecutors classification management, made clear the responsibility and authority of the prosecutors, and improve the mechanism of the procuratorial organization and running case, prosecutors" opinion "also specified position of fault liability system, to better safeguard the people’s procuratorates exercise procuratorial authority independently according to law, improve the judicial credibility.This master’s thesis chapter four, this article first obtains from the concept, through the analysis of the practice, and through the comparison of outside, finally from the division of China’s procuratorial organs remit, adjustment of operation mechanism, the procuratorial personnel management and accountability system, the perfection of supervision system and other aspects of problems exist in the judicial practice is discussed in this paper.The first part of "procuratorial organs working responsibility system orientation", the first section mainly discusses the prosecutors case responsibility system, legal attribute, and introduces the concept of procuratorial organ in our country the enterprise organization form and mechanism of responsibility; In the second quarter of the procuratorial organs in recent years working responsibility system of the pilot practice analysis has been done for the procuratorial organs, as well as the existing in the practice of some confusion; The third section mainly in order to highlight the value of the prosecutors case responsibility system goals, including to independently exercise procuratorial authority, perfect the system and the working organization and set up the system of legal responsibility.The second part "procuratorial organs outside comparison of case responsibility system", the first section mainly through to the continental law system and Anglo-American law system of procuratorial organ the explanation and analysis and comparison of case responsibility system; Mainly in the second quarter to countries outside the procuratorial organs of the safeguard measures and the supervision and restriction mechanism is analyzed. Thus, experience can be obtained in the analysis and comparison and is worthy of reference for our country.The third part "the related problems of China’s procuratorial organs working responsibility system", the first section mainly analyzes our country’s procuratorial organs internal responsibility permissions and existing problems in the work mechanism, main show is unclear responsibilities, authority is not enough refinement, the function of internal institutions need to integrate; The second section mainly analyzes problems existing in management of our country’s procuratorial organs personnel, mainly for security administration colour dense, evaluation mechanism is not sound; The third section mainly analyzes our country’s procuratorial organs working responsibility system are faced with the problem in the procedural propulsion, concentration respectively expounds the problems existing in the accountability mechanism and misjudged cases responsibility of defining the standard of identifying a problem and the law enforcement fault liability issues; Fourth quarter, mainly analyzes the existing problems in the aspects of the procuratorial organs supervise system in our country, main show is not clear supervision body, strengthen the supervision of the decentralization problem and also the combination of the discipline inspection work.The fourth part "the development direction of China’s procuratorial organs working responsibility system", the first section is mainly the subject status of the prosecutors case clearly, clear responsibilities, to integrate the functions of the internal institutions at the same time, improve the working mechanism; Mainly consummates our country procuratorial organ in the second quarter of the personnel management, the prosecutors classification management, go to the town, increase the prosecutor’s professional sense of belonging, and to improve the evaluation mechanism, clear the prosecutor’s promotion channels, increase the working enthusiasm of the prosecutors; The third section mainly complete accountability mechanism of procuratorial organ in our country, from the start of the program, the determination of the perfection of investigation procedure and the supervision main body, at the same time also advocated prosecutor exemption system, at the same time of accountability for better security prosecutors exercise their functions and powers; The fourth section mainly complete the internal and external supervision system, strengthen the supervision of the procuratorial personnel negligence. By constantly perfect the procuratorial organs working responsibility system, improve the judicial case organization, scientific definition of internal judicial case jurisdiction, perfect judicial case responsibility system, build a fair, efficient and procuratorial mechanism and fair and reasonable of the criminal judicial responsibility identification, mechanism, make reasonable and effective exercise procuratorial authority can finally.