The Procuratorial Directive Power

Improve the judicial responsibility system is one of the core contents of deepening the judicial reform at this stage."The decision of the CPC Central Committee on comprehensively promoting the major problems of administering the country according to law" requires perfecting the responsibility system of the chief prosecutor,handling the quality of life and the responsibility of the case Accountability system.In recent years,the issue of procuratorialism and procuratorial independence has aroused the concern of the majority of scholars.There are many researches on procuratorial system and procuratorial theory in China.Many articles also involve the study of the rule of law.For a long time,China's legislative provisions are not clear on the scope of the prosecution of the exercise and the procedures for the implementation of the system,but scattered in the relevant judicial interpretation.In the normative documents such as the legislative level,the Criminal Procedure Law and the Organizational Law of the People's Procuratorate,there is no clear stipulation on the specific conditions,scope and procedures of the lower level of the procurator's instructions.There is a risk of abuse of the procuratorial order.At the level of judicial practice,the superintendent of procurator may obstruct the case contractor in handling the case in order to supervise the handling of the handling of subordinate prosecutors,and may imply that the case contractor may be punished in accordance with the law.Therefore,it is necessary to clarify the concept and function of the right of procuratorial instruction,and to establish clear and operable standards and procedural contents in legislative and judicial practice.In view of this,this article takes the judicial responsibility system reform as an opportunity to study the internal command power of procuratorialism,not only has the practical significance of combining the legislative dynamic and participating in the legislative discussion,but also has the theoretical significance of participating in the academic discussion.The core point of view of this paper is that it is necessary to regulate the internal command power of the procuratorial organs in China,one is to determine the scope of the prosecutor should exercise its duties independently,and what scope should be followed by the instructions of the superior;program of.The former manifests itself as the legal basis and the objective obligation as the theoretical basis,stipulates the exercising limit of the internal command power of the procuratorial;the latter manifests as the procedural content stipulated in the written procedure,the objectionchannel and so on.It is helpful to make up for the lack of entity in the internal inspection and the procedural regulation of the prosecution.It is also helpful to prevent the development of the procuratorial reform in our country.Under the extreme tendency from the extreme.This essay is divided into four parts:The first chapter analyzes the concept,characteristics and functions of the internal command power of the procuratorial unit.The second chapter analyzes the present situation and the existing problems of the internal command power of the procuratorial examination in our country.The third chapter compares the provisions of the boundaries of the procuratorial direct.The fourth chapter discusses the construction of our internal instructions for the prosecution of the contents of the entity and the provisions of the provisions,including the completion of the internal instructions to improve the provisions of the prosecution;to determine the scope of the internal instructions of the procuratorial written by the type of prosecution instructions;Directive opposition mechanism;establish a perfect post-supervision mechanism.