The Discussion Of Wipping Off The Administration Of Procuratorial Organ

Procuratorial organ positioned as legal supervision organ, the exercise of procuratorial power under the unified leadership of democratic centralism, in the text of the Constitution. In practice, procuratorial organ is out of the constitutional positioning. It is the administrative issues of procuratorial organ, neither rational construction, nor the actual operation of procuratorial.Purely from the perspective of rational construction, Chinese procuratorial organ is also unique. Even though the model, “One Government Two Departments” under the system of people's congress, is different from the western model, “Separation of the Three Powers”, the institutional background of Chinese procuratorial organ, but it is consistent with our historical tradition, also in line with Chinese national power balance model. Chinese leading system of the procuratorial organ also unique, belong to the decision-making leadership, embodied leadership, but also the democratic leadership. From the terms of reference for the characteristics of Chinese procuratorial organ, procuratorial organ also have independent status in our country. It has two the representative powers. The one is public prosecution power; the other is the power against corruption and bribery. The model of activity and the behavior structure of the public prosecution power are all conform to the judicial activity characteristics, being a traditional authority, existing in China and most other law system. But the power against corruption and bribery, in the Chinese legal system to censor system as the existing form, consistent with the logic of constitutional power configuration, proposed by Sun Yat-sen. The terms of reference of the main need is to focus on breakthrough cases, therefore administration of the management system in line with its functions can just run features. So to say, our procuratorial organ has independent of administrative organ, which also has multiple functions operating characteristics of.The administrative issues of procuratorial organ is not a simple the administration of procuratorial organ, but refers to a series of problems caused, as the power against corruption and bribery is not an administration problem caused just by an administration management model. The administrative issues of procuratorial organ refer to the alienation of constitutional power structure and internal leadership system. It can be divided into external and internal administrative problems. External administrative problem, also known as the place of prosecution, mainly that procuratorial organ is not independent of other organs of state power, formed the executive-led prosecution behavior patterns that a political as an intermediary for, the performance of the constitutional power Alienation architecture. Internal administrative issues are relatively complex, and its core is a series of problems with the internal leadership system for the prosecution mechanism, except for external administrative issues, mainly refers to the alienation of internal leadership system. For example: Attorney business inefficiencies; responsibilities are not clear; leading cadres to intervene to deal with cases and other cases that the problem caused by injustice.Back to the theme that discussing the root of the problem of administration of procuratorial organ, there is not enough reason to explain the root in the personnel system and in the guarantee funds of procuratorial organ. Therefore, the answer is in other factors. Analyze issues from external administrative problem of procuratorial organ, the factor mainly from low political status. First, Chinese procuratorial organ is under the leadership of the NPC and local party committees of which local administrative header is at the core. Second, the legal foundation of the procuratorial organ needs to be consolidated. Procuratorial organ experienced “three ups and downs”, has low political status. Third, China has entered the administrative state. Executive-led political goals make procuratorial organ tends to cling to administrative organ. Conduct internal administrative issues from prosecution, mainly because of “three examination and approval system”, the leading cadre intervention case and the improper exchange of social public resources caused by the sociality of procurators. As the CPPCC National Committee, Democratic National Construction Association, Shanxi Provincial Committee Vice-Chairman Xinsheng Zhou depicted “the Chinese picture scroll of begging”.At the present stage, the Third Plenary Session of the eighteenth CPC Central Committee opened the door of reforming procuratorial organ, for administrative issues of procuratorial organ made a series of reform initiatives, generally belongs to steadily push forward. In the series of reforms, the most critical is strictly implementing the responsibility of procuratorial organ and other state organs, and establish the political status of procuratorial organ.