The Research On The Reform Of Power Allocation Of Prosecutors Case Responsibility System

The ultimate significance of the construction of legal system in our country is to realize fairness and justice,maintain social sustainable,safeguard the people's vital interests,thus realizes the legal effect and social effect and the unity of political effect.Procuratorial organs is legal supervision organs of China,in our country in the past decades of played an irreplaceable role in the construction of legal system,in order to maintain society's fair and made important contributions.And a constant change in the development of The Times,adapt to social change.Meanwhile,the procuratorial organs formed in the course of decades of procuratorial business practices "prosecutors to undertake,head of the examination and approval,the attorney general or the procuratorial committee decided to" of "the three levels of examination and approval system" judicial case model,in the past,under the condition of social political and judicial this pattern is very good to undertake the important task of the procuratorial business development.But as the economic society and the constant progress and development of the construction of legal system,the configuration of power in the operation process of unknown,power and responsibility is not clear,and the disadvantages of the judicial attribute is unknown to the current time background requirements of procuratorial authority independently exercise the administrative color,fade,and the requirements of the power and responsibility unified drifting.Under this background,according to the third plenary session of the party's 18 the third plenary session advancing the rule of law "of the central committee of the communist party of certain major issue decision" and the central on the pilot reform of the judicial system framework views on some issues of the supreme people's procuratorate at the end of December 2013 issued the prosecutors case responsibility system pilot reform plan,decided to 17's procuratorate pilot seven provinces across the country host the prosecutors case responsibility system reform,officially kicked off the has been established to sponsor the curtain of the prosecutors case responsibility system,since then,the corresponding region developed the pilot program of the relevant documents,host the prosecutors case responsibility reform making got good social effect and legal effect.This is not only the important chance to improve the procuratorial organs working mode,but also to the inevitable trend of the current judicial reform.Host the prosecutors case responsibility system is the basis of the prosecutors to exercise their functions and powers independently,and within the scope of their functions and powers to deal with the case for life.Therefore,host the prosecutors case responsibility system to the implementation of the pilot reform of the process,we should be how to determine the mainboard prosecutorial authority boundary and the power of the procuratorial organ system configuration make clear boundaries,to accurately determine the prosecutor should be its run what kind of case is liable.In this article,the author tries to host the emergence of the prosecutors case responsibility system background,this paper analyzes the present procuratorial organs prosecution,operational mechanism and the configuration of power,then analyses how to host the prosecutors case to the implementation of the responsibility system in our country will host the prosecutors and the procuratorial organs in the process of the power to make the most reasonable configuration,the main responsibility and then the host prosecutor power configuration aspects put forward their own ideas,reform and perfect our country the prosecutors case responsibility system to make comments.The thesis is divided into four parts:The first part is the overview of prosecutors case responsibility system of power allocation.Through to the host,the power distribution in the prosecutors case responsibility system introduces the related concepts and some theories point of view and responsibility system of the host prosecutor handling the case and the concept of procuratorial power configuration of related laws and regulations and concept to define.The second part is for procuratorial power and corresponding host prosecutor power configuration,etc.China's constitution stipulates procuratorial organs is legal supervision organ in our country,the power of the procuratorial organs should be within the limits prescribed by law,the prosecutor is the main carrier of prosecutorial power operation.Under our current system of run by the procuratorial organs,prosecutorial power operation follows the "on life from" under "the principle of procuratorial integration",the power of the procuratorial organs subject's attorney general is the only one,prosecutorial power is derived from the rule of law and the authorization of the attorney general.Based on the principle of accountability unity,under the concept of "procuratorial integration" logic,the main bodies of procuratorial authority and the responsibility main body's attorney general is the only one.Promote host the prosecutors case responsibility system,however,requires the host attorney with respect to its service case responsibility,this seems contrary to the procuratorial integration principle,but in fact there corresponds to the place,this part is to discuss the problem.The third part is the host,the power distribution in the prosecutors case responsibility system constraint.In the past,"the three levels of examination and approval system" working mode,has restricted the procuratorial authority,resulting in case of accountability system is difficult to implement,misjudged cases investigated,such as a big reason is that the handling system of case theme accrual is unknown,and power allocation is not clear,"reviewer continuously,not careful" problem within the procuratorial organs in China are widespread.Therefore,host to the implementation of the prosecutors case responsibility system in the process,the cognizance of the division of power and responsibility is the urgent problem.However,under the present stage,how to "procuratorial integration" and "prosecutor independence" seek reasonable power allocation among still exist many restrictive factors,such as host prosecutors subject position is not clear,the procuratorial organs internal power is blurred as well as work independently lack of security and so on.This part discussed the restricting factors.The fourth part,according to the theory of implementing host the prosecutors case responsibility system power configuration of restricting factors put forward concrete Suggestions and opinions to improve and perfect.Mainly from two aspects of macro and micro Suggestions and opinions,the relevant laws and regulations on the macro begin,to improve the operating mechanism of prosecutorial power and power configuration,define power boundaries.Micro level should be internal to the procuratorial organs,according to their respective actual situation make relevant countermeasures.