Reconstruction Of The Criminal Execution Procuratorial Function After Judicial Reform

In recent years,the judicial reform in China has started from the preparation to the "two high" initiative;From the internal organs of justice to the central decision-making organization;from the perfect working mechanism to the judicial system reform of the three major changes and leaps,But there is still insufficient top-level design synergy?Lagging behind the economic,social and cultural reforms"?The deep-seated problems of judicial localization,administration,low professionalism,the alienation of judicial power,judicial protection,"focus" curing,weakening of judicial protection of human rights have not yet been effectively solved?Since the eighteen years of the party,the Central Committee of the Communist Party of China,from the strategic height of the party and the state,has proposed that the rule of law is the basic way of governing the country;To promote the science of legislation,strict law enforcement,justice and universal law,adhere to equality before the law,guarantee law must be strictly enforced,and law breakers must be prosecuted;We should further deepen the reform of the judicial system and ensure that the judicial organs and procuratorial organs exercise judicial power and procuratorial power independently and impartially?The party on the third Plenary Session of the 18th CPC Central Committee through the "CPC Central Committee on deepening reform of the overall number of major issues"(hereinafter referred to as the "decision")put forward the guiding ideology,basic task and important principles of reform,the reform of the new blueprint depicting,new vision,new goals,scientific guidelines and programme of action of our party in the new historical starting point comprehensive deepening reformo"Decision"put forward "building the rule of law in China,we must adhere to the rule of law,rule by law,administration by law,and jointly promote,adhere to the rule of law,the rule of law,the rule of Law Society Building?Specific arrangements have been made from three aspects:ensuring the independent and impartial exercise of judicial power of procuratorial power,the mechanism of judicial power operation,and the perfection of the judicial guarantee system of human rights?With the deepening of judicial system reform,establishment of supervision committee,state organs which gradually from the previous "bicameral" evolved into "government houses,a" situation,the procuratorial organs of the law enforcement departments "anti corruption bureau" cut to the Commission is a foregone conclusion,the procuratorial organs for the re positioning of the himself,in the judiciary middle remodeling presence,must be the existing functions of various departments to reconstruct,strengthen,make full use of the existing functional departments and will play its functions to the maximum?The prosecution of criminal execution,now become the procuratorial organs in the Department,known as the "small Procuratorate",and only have the authority to check the prosecution investigation,how to make full use of the power of investigation,we must re-examine their existing authority division and application mode?In the traditional criminal enforcement and criminal enforcement inspection work seized hold separation characteristics,indeed hinder the effective involvement of procuratorial power,seized hold of separation mode to the procuratorial organs in the criminal enforcement procedure in the "spectator" and"third" role,really difficult to achieve effective control intervention implementation program?Criminal executive right has closed the color of violence and innate,and the procedure of the prosecutorial power is decisive to the supervision of criminal executive right,only to correct the illegal by starting the program,in the face of the criminal enforcement authorities "a contemptuous disregard" and "push off trap",is often powerless it is difficult to find effective breakthrough?In this context,the function and mode of implementation of procuratorial work must be reconstructed?The paper is divided into six parts.The first part mainly introduces the definition and research status of the procuratorial function of criminal execution,and explains the research problems,methods and the innovation points of this paper.The second part of the implementation of inspection and an overview of the historical development and the existing functions,analysis of influence on the existing implementation of procuratorial functions after the reform of the judicial system,and the establishment of the Commission of the procuratorial organs and procuratorial criminal execution effect produces,from the angle of criminal execution may,changes in the procuratorial organs procuratorial status,perform prosecutorial functions change the direction of.It will provide sufficient basis for perfecting the procuratorial function of procuratorial work in the future.The third part,comparative study of extraterritorial use of mature criminal execution examination experience,refine the relationship can be reference for our country procuratorial supervision organs and departments of the execution of punishment,for our country criminal execution procuratorial functions set to provide referenceThe fourth part reviews the current criminal execution and our procuratorial function difficulty after the reform,according to the existing theory and practice of criminal execution procuratorial functions and the difficulties faced,further proposes the criminal procuratorial function reconstruction implementation.The fifth part,the concluding part,the prospect of procuratorial work after criminal enforcement,summarizes the whole content.