Research On Administrativizatiaon Of Chinese Procuratorial Organs

Facing the procuratorial organ of our country from many reality and their plight, the procuratorial organs to the administrative reform is urgently needed. To administration is the guarantee of prosecutorial power realization, key content of the procuratorial organs independently. In this paper, the analysis of procuratorial organs administrative problems focus on the grip will affect the work of the procuratorial organ key contents such as personnel, institutions, case processing, decision-making mechanism aspects to.There are different opinions on the theory debate about the nature of prosecutorial power, according to the current laws and regulations, combined with the current practice of social development, that the nature of the procuratorial organs as judicial organs, procuratorial power is judicial power; and on the basis of theoretical and Empirical Analysis on the problems existing in the current procuratorial organs. The first part of the problem into, administration and performance of procuratorial organs are: first, employment selection administrative prosecutor management of prosecutors, disciplinary system of civil service, salary promotion mechanism, occupation administration and so on; two, the mechanism of procuratorial organs and organizations also exist serious administrative problems, such as: non prosecution agencies, the number of personnel miscellaneous, unclear duties, low efficiency, hinder the infestation of procuratorial power and so on; three, the implementation of "three approval system" to "order from" mechanisms leading to handling the case" Without trial will never, without trial, complete administrative handling mode against the judicial operation of the basic laws; four, as the important decision-making mechanism, but the composition of personnel for administrative department heads, members of the administrative process, the administrative decision-making procedure of administrative procuratorial organs. More than this, but the above content as the main problems. The third part, analysis of the reasons of administrative prosecution, prosecutors found that the cause of administration in our country has many aspects, such as historical factors of administrative and judicial integration of long-term operation of the procuratorial system design deficiencies, lack of talent development and the rule of law, restricting the sense of factors. Analysis of procuratorial organs to the administrative necessity that administrative procuratorial organs will lead to the legal supervision of procuratorial organs is difficult to achieve, thus weakening the supervision and restriction of power; Furthermore, administration of weakening the procuratorial organs of justice, and the core of justice is to ensure the independence of the prosecutorial power, so administration will lead to the independence of the prosecutorial power is difficult to guarantee. Not only that, prosecutors handling the case is difficult to implement the responsibility, the prosecutor's professional promotion will be unable to achieve.The fourth part, learning foreign in procuratorial power to administrative efforts, summing up the experience of foreign prosecutorial system: to enhance the status of the procuratorial organ, is the separation of personnel power and the procuratorial power, property security and the procuratorial power separation, the separation of executive orders and action instruction. Strive to do will be closed almost prosecution legally the normal operation of a variety of mechanisms and administrative power separation, and ensure the effective operation of the procuratorial power.The fifth part of China's procuratorial organs to the administrative reform and put forward the idea. First, the personnel management system of procuratorial organs, the prosecutor makes the personnel management more equitable, professional, rigorous; then, the reform of procuratorial organs internal organs, through decomposition, with part of the internal mechanism and the establishment of case management department of the case handling process supervision of procuratorial functions and other measures to achieve better operation; furthermore, the procurator discretion, prosecutor to implement lifelong responsibility system, strengthen prosecutors occupation training, the reform of procuratorial organs handling way; the most, by optimizing the structure of the review committee members, establish the mechanism of decision-making responsibility, public opinion decision review committee members, to strengthen the practice of the review committee members study, implementation of reform of procuratorial committee system.Procuratorial organs to the administrative is a systematic engineering, reform step by step; to the administrative not to the chief, so clear to achieve the objectives of the reform of the procuratorial power independently, combined with actual situation to develop more effective and more comprehensive reform measures.