Responsibility Chief Prosecutor Handling The Case Study

The prosecution is the special legal supervisory authority, entrusted with the maintenance of social fairness and justice and constitutional rights of the people of responsibility, however, prosecutorial power operating mechanism also has a strong administrative color, prosecutors handling the case responsibilities are not clear, which is to ensure the Prosecutor and judicial organs exercise procuratorial power independently of, the rule of law requires procuratorial work there is still a gap, it is necessary to improve operational mechanisms continue to explore prosecutorial power.Since the reform and opening up, China's procuratorial organs in perfect the prosecutor handling the responsibility system aspects of the continuous research and exploration, has experienced the "three-tier approval system," the investigators mode, wrong case accountability, law enforcement fault accountability and responsibility Chief Prosecutor investigators different forms of system, etc. These exploration and practice of prosecutorial power to regulate the smooth running, security certificate Prosecutor to independent exercise of powers, strict law enforcement responsibilities to play a positive role, but according to the procuratorial work practice over the years, these have excellent exploration shortcomings, still unable to meet the need to promote the development of fair and impartial law enforcement. In the new round of judicial system reform in the background, the Supreme People's Procuratorate passed preliminary research, feasibility studies, summarize past reform experience, proposed the "chief prosecutor handling the responsibility," the reform initiatives, in order to safeguard the independent exercise of prosecutorial power, in order to achieve justice, safeguard judicial authority. Some local procuratorate also from their own actual situation to do a useful exploration.After a year of trial practice, the prosecution throughout the trial in the set with director of prosecutors, investigators establish a sound organization, integrating internal organs, a reasonable set of duties and powers of chief prosecutor, law enforcement investigators to build a comprehensive system of supervision and control system, implementation of the Director prosecutors and other aspects of treatment to make a positive and useful exploration, reform has achieved initial success, but the practices around the pilot units to summarize and research analysis, implementation responsibility of chief prosecutor there lack legal support, the lack of uniform pattern, arbitrary large, the mechanism is not perfect and other related issues, chief prosecutor handling the case accountability in the exploratory trial stage, we need to inherit transplant method, in theory and judicial practice, continue to improve and strengthen the relevant legal support, improve personnel selection and the appointment and removal, strengthen the independence of prosecutors and job security, and improve the responsibility system of accountability identified in order to protect a reasonable standard run of prosecutorial power, the real "strengthen legal supervision, maintain fairness and justice," the Attorney General purpose.