Research On The Problems And Countermeasures Of The Procuratorial Committee System Under The Background Of Responsibility System Of Handling Cases

Although there are some problems and malpractices in the judicial practice of the procuratorial committee system,there is no essential conflict between the system and the responsibility system of handling cases,which conforms to the needs of China's judicial system and political system.Through the transformation of rational operation mechanism and organization structure of the system,the system will become the system guarantee of the responsibility system of handling cases.The first chapter studies the problems of the system in judicial practice and theoretical controversy about the system.Through the investigation of the operation situation of the G District procuratorial committee,we can analyze the existing problems in judicial practice of the procuratorial committee system,and sort out the theoretical arguments under the background of the responsibility system of handling cases.The core problem is the collective decision-making mode whether the violation of the responsibility system of handling cases.In the second chapter,the author makes a study on the group decision-making mechanism abroad.The group decision-making mechanism also exists in the extraterritorial judicial system.Through the study of the Anglo American jury system and the Japanese procuratorial review system under the objective of judicial democracy,the Holland procuratorial committee system and the former Soviet Union procuratorial committee system under the management goal,it can be found that the fundamental goal of the judicial system is to balance and restrict the judicial power,it is not necessary to use the same judicial system to realize the same judicial idea.Chapter 3 studies the inevitability and optimization plan of the committee system under the background of the responsibility system of handling cases.There is no inevitable conflict between the committee system and the judicial independence,as the embodiment of democratic centralism in procuratorial system,it is an essential part of China's political system and judicial system,it is the best choice under the judicial culture and the present judicial situation of china,it is in line with the responsibility system of handling cases.In order to realize the integration of the system and the responsibility system of handling cases,the functional orientation,operational mechanism and organizational structure of procuratorial committee should be optimized.