An Empirical Study Of The Prosecutors' Responsibility System

For a long time,the procuratorial organ of our nation has been handling way by using the typical triple level of examination and approval system,through stratified management to ensure the smooth implementation of prosecutorial power.Though in this moderealizes "procuratorial integration",there still some drawbacks existing,for example the approval process is complicated,the working efficiency is low,the decision makers do not have factualism,the power and responsibility have been separated,the legal responsibility cannot be implemented,etc..In December 2013,the supreme People's Procuratorate issued “the prosecutors case responsibility system reform pilot program”,aims to build the prosecutor case responsibility system,establishing the dominant position of chief prosecutor in the case.Released in September 2015,the supreme People's Procuratorate issued “several opinions about perfecting the people's judicial system”,specifically for the prosecutor case responsibility system,and the basic construction of the case organization,case main body responsibility,legal responsibility cognizance and related issues in the form of provisions,for instance,provisions shall be pursued.At present,the reform in various areas has been implemented actively and is moving in the right direction,but as an exploring system,it is faced with a lot of problems in the aspect of practice.Therefore,from the perspective of empirical research,this thesis will focus on Y district's people's procuratorate in C city to analyze specific operation conditions of the prosecutors case responsibility system in order to discuss the plight of the current reform and put forward some views,for the purpose of putting good for the perfection of prosecutors case responsibility system.This thesis is divided into four parts,in a total number of about 30000 words.The first part is mainly to comb prosecuting attorney case responsibility system background,director of the prosecutors case responsibility system as well as the prosecutors case responsibility system,clarify the prosecutors case responsibility system reform of history,and set main objectives from the development of the reform.The second part explores the running situation of the prosecutors case responsibility in Y district people's procuratorate in C city and illustrates its practices on prosecutors case selection,prosecutors in Y district procuratorate organization construction,prosecutorial power configuration,prosecutors and the related personnel of power relations,prosecutors,the practice of professional guarantee.The third part,through the empirical research of Y district people's procuratorate,evaluates the current prosecutor case responsibility system in the allocation of prosecutorial power,working organization,law enforcement and supervision,and the operation of the responsibility.It makes a theoretical analysis of experience and existing problems according to the running process of prosecutors case responsibility system.First,in terms of prosecutorial power configuration,the devolution of prosecutorial power is lager,the level of examination and approval has reduced,the working efficiency has improved.The problems existing in the inner powers is that a prosecutor and a number of support staff is crossed,internal responsibility is difficult to distinguish.Second,in terms of case organization setting,after a pilot reform,the set-up of case organization has become more rational,the measure of requiring prosecutors in leadership positions handle the case moves directly is remarkable.But the form of the leadership position of the working group staff allocation needs to be improved.Third,as for the prosecutor system reform,the specific number of procuratorial personnel classification management is incomplete,the specific prosecutor withdrawal mechanism has not been established yet.Fourth,as for the promotion of the public prosecutor,how to scientifically build the individual position sequence of prosecutors,the procuratorial support personnel,and how to reasonably adjust the prosecutors and auxiliary staff of the income gap are the current problems need to be dealt with.Fifth,in terms of supervision and responsibility,supervision has become a mere formality without effective supervision measures that have been established.Prosecutors in the responsibility of the prosecutor follows strict accountability,there is no perfect mechanism of liability exemption.The fourth part is about some suggestions on the improvement of the prosecutors case responsibility system in our country.First,we should build a reasonable and efficient case-handling organization to make staff allocation in handling group more rational.Second,we should reasonably define the handling permissions within organizations,prosecutors and assistants,the prosecutor and the power limit of the procuratorial committee.Third,we are supposed to build a diversified supervision system and strengthen to perfect the internal and external supervision and restriction mechanism.Fourth,we should perfect the prosecutor selection and appointment mechanism,and establish and perfect the system of procuratorial personnel job security.Fifth,build a scientific misjudged cases responsibility mechanism.Based on a correct understanding of misjudged cases investigated,we should be clear about the main body of responsibility and methods of bearing liability,further clarify and refine the responsibility immunity to the prosecutor and accountability procedure.