On Problems And Countermeasures Of Procuratorial Supervision In China

The procuratorial system of our country after a difficult decades of development,has been gradually formed a relatively perfect system of procuratorial supervision of procuratorial supervision.As an important form of supervision in the supervision system of our country,plays an important role in promoting economic and social development.Good but due to the current society is undergoing profound changes,emerge in an endless stream of new the problem of the procuratorial supervision,some unreasonable places further highlights the increasing impact on the current procuratorial supervision system and challenges.Especially in the judicial reform,the pilot work posts prosecutor system implementation and supervision committee in the new situation pushed under the supervision on the self perfection mechanism.Out of more,higher requirementsAccording to a unique perspective of the workers,using the research methods of "literature+experience",through the review of relevant literature,combined with their own actual work and fulfill the inspection from the working function of procuratorial supervision in question,and strive to multi angle,multi-level mining current procuratorial supervision system of the existing problems in the operation.Draw lessons from the reform of extraterritorial prosecutorial supervision,procuratorial supervision system and perfect the appropriate starting point,positive suggestions for the effective operation of procuratorial supervision in China and suggestions.In the present legal system,China's procuratorial organs is positioned as the only independent exercise of procuratorial supervision of state organs,any individual,administrative organs shall not interfere in the procuratorial organs exercise procuratorial power given by the constitution.Our constitution and relevant laws are clearly defined,the people of Chinese Procuratorates elected by the organs of state power,the attorney general and the staff of the prosecutor and assistant procurators shall be appointed by the people's Congress through legal procedures,in order to have some exercise procuratorial qualification.The procuratorial system of our country from the revolution period in the beginning according to the experience of red from the Soviet Union and other countries,try to carry out people's procuratorial system After the war,so many ups and downs,ushered in a brief spring in the new China was established,and in the Cultural Revolution destroyed people's procuratorial system in 1978.After the Cultural Revolution was restored and was written into the constitution,began a new starting point,in the sense of law and concept of rule of law under the guidance and influence,has been vigorous development,has gradually formed Chinese characteristics procuratorial supervision system.Although China's procuratorial supervision to perform their duties according to law is good,to comprehensively promote the rule of law plays a positive role and ensure judicial justice.Then the procuratorial supervision of procuratorial organs in our country are a series of problems,the author mainly from the perspective of internal inspection and supervision work,pointed out that the procuratorial supervision hasn't been paid enough attention at present procuratorial work in the lag of the operation mechanism of procuratorial supervision,procuratorial supervision and lack of mandatory binding necessary,procuratorial supervision mode is single,the internal supervision mechanism of procuratorial organs is not perfect,the prosecution team of professional level is not high,the strength is weak,insufficient investment in science and technology and equipment,greatly restricts.The effective exercise of police supervision.As the normal function of procuratorial supervision mode is single,only to start the procedure and providessuggestions,lack of effective force,the procuratorial supervision of non binding in some extent.In the investigation as the center of the judicial concept under the guidance of procuratorial supervision of the procuratorial organs also focus more on supervision work in the investigation activities.The procuratorial supervision of state organs and their staff embodied in the duty crime investigation prosecution supervision level.In addition to the judicial activities,participation in the trial court and court activities of the relevant cases appeal procedures,law of procuratorial organs of the judicial supervision related behavior Provisions and less abstract.In addition,the prosecution of procuratorial supervision as the main part of the state organs in the administrative organs of the procuratorial organs seems to lag behind others.Most of the duty crime investigation,prosecution and arrest,perform more investigation on the transaction,"the bank"--the function of Procuratorial Supervision Law gives attention not enough,even the absence in some aspects,it is difficult to avoid the occurrence of miscarriages of justice.In this paper the author puts forward the procuratorial supervision system of our country to reform and perfect,the first to be based on the basic situation of our country,draw lessons from foreign practices,meet the development needs of the times,with forward-looking strategic vision,starting from the internal supervision,improve and strengthen the procuratorial supervision,power and operation mechanism of our country is.To promote the reform of the judicial system and the supervision committee of the pilot,the procuratorial organs in the post of procurator system,judicial reform mechanism is unprecedented,to further clarify and strengthen the responsibility of the prosecutor handling the case.To use the opportunity to learn from the experience of extraterritorial beneficial reform practice,positive and effective integration power of procuratorial supervision,implementation of inspection Police organs function scientific setting,timely advice of organs of state power to improve the legislation,make clear authority of procuratorial supervision,supervision mode diversification,strengthen the enforcement of procuratorial supervision.In order to form an effective prosecution in the law explicitly stipulated by law,and actively fulfill the function of procuratorial supervision and encourage all legal activities in the main establish the rule of law thinking,consciously abide by the law,respect the Constitution and laws,to accelerate the Chinese characteristics of building a socialist country ruled by law.