Research On Legal Issues Of The Judicial Obligation System Of The Prosecutor

The completion of The Third Plenary Session of the 18th Central Committee has motivated the judicial reform.It is noticeable that judicial obligation has become the key point of the reform of judiciary.According to the proposal from Central Comprehensive Reform Team,plan from each individual judicial reform trial zone and the strategic deployment by the decision from The Fourth Plenary Session of the 18th Central Committee,judicial obligation is playing a very important role during the process of judicial reform.Judicial Obligation is one of the law obligations.Judicial obligation is defined as the consequences caused by the breach of law,either intentional or by faulty,when judicial organization and officers are utilizing their judicial right.In the legal system of socialism with Chinese characteristic,judicial obligation is playing a very important role in judicial system.It is also essential to rule judicial officers' behavior,judicial department's operation as well as to ensure the justice of judicial system.The current judicial reform is setting justice of law as the target,and taking precisely locating the role of the procuratorial organs,status and function as the mission of the era.In order to keep judicial reform going forward,updating and improving the hardware and software of judicial right operation is necessary.This includes the post system,personnel classification management,personal property protection,prosecutor handling responsibility system,supervision and control mechanism,etc.During the process of judicial reform,every module of judicial obligation is building up,and the misjudged case investigation system,director of the prosecutor's responsibility system,the related system authorization list system have been explored in the relevant pilot areas in particular.However,it is necessary to make a clear understanding of the importance of the legal practitioners(the subject of this article to explore the subject of professional security).In all judicial behavior standardization,the lock power in a cage at the same time,improve judicial accountability,improve and perfect the prosecutor occupation guarantee is the key to improve the operation mechanism of judicial power,plays an important role in the reform of the judicial system of the Bureau of the past,exists between the judicial responsibility system and guarantee the balance of occupation it is particularly important.By considering the background of judicial reform,every step of procuratorial reform matters.Although our country has already taped into the organic balance before the performance incentive and the judicial public trust,the reform still has some shortcomings.This paper is to analysis issues like problems,defects,prosecutors' obligation and welfare when prosecutors are handling cases,to raise relevant proposal and strike the balance between prosecutors responsibility and occupation guarantee,so as the entire judicial system can be improved thoroughly.