Exploration And Analysis Of Professional Management Path Of Prosecutor

The ultimate goal of the judicial system reform is to establish fair,efficient and authoritative socialist judicial system.The professionalism and specialization path of judicial personnel is the premise and foundation to achieve the goal of the reform of judicial system.At present,the single administrative management mode of judicial personnel has severely prevented the professional development of judicial personnel.Therefore,the specialization of judicial personnel has become an important task in the new round of the reform of judicial system.The strategic deployment has been proposed in the the 19 th National Congress of the Communist Party of China to "deepen the comprehensive supplementary reform in judicial system and to fully apply judicial responsibility system".In particular,the responsibility system for handling cases of the judicial personnel should be fully applied.A professional and specialized procurator team which is loyal to the Party and highly competent is established in the reform to adapt to and meet the increasing judicial demand of the masses.When the Procuratorate of Jiutai District was made the experimental procuratorate in the procuratorial reform by the Procuratorate of Jilin Province in 2013,the reform of the judicial system was not deployed by the central government.Without any ready-made experience to use for reference,the Procuratorate of Jiutai District explored and practiced boldly according to the overall reform spirit of the central government and the reality of the investigating and persecuting apparatus of the basic level.The Procuratorate of Jiutai District divided the procuratorial personnel into procurator,procuratorial clerk and procuratorial administrator and implemented different forms of responsibility systems when the Supreme Peoples Procuratorate and the Organization Department of the Central Committee of the Communist Party of China introduced classified management advice of the personnel but didn't introduce concrete operation method.The Procuratorate of Jiutai District explored and established responsibility system for handling cases of chief procurator before the Supreme Peoples Procuratorate deployed experimental unit of the responsibility system for handling cases of procurator.After half a year,experimental units were established in 17 procuratorates by the Supreme Peoples Procuratorate on a nation wide scale.As the "top-level" reform scheme,the formulation and practice of classified management plan will be inevitably influenced by the standpoint and attitude of procuratorial personnel whose interests are directly related.Thus,the plan must be made around the central rights and interests of the procurator.It means how to use reform to make the management of procurator more professional,specialized and excellent and to differentiate other common civil servants from procurators in the aspects of identity,post order,exercise of rights,supervision and restriction.In this way,the procuratorial power is exercised more fairly and efficiently and is divorced from administration to return to judicial property.The procuratorial reform of Jilin Province becomes an example in this turn of procuratorial reform.The Procuratorate of Jiutai District in Changchun City has provided a large amount of reference data in the pilot reform.The reform starts from the malpractice of procuratorial management in the system of administrative control.By analyzing the reasons for the obstructions of reform such as the outflow of talent,unreasonable personnel structure,proportion of the specific numbers of procurator,the poor treatment of procurator and the psychological imbalance for the reform occurring in the classified management of personnel during the reform process,a "quaternity" reform mode is taken as the train of thought.According to the reform scheme of Jilin Province,the personnel in the investigating and prosecuting apparatus are divided into procurator,procuratorial auxiliary personnel and judicial administration personnel who are managed according to different regulations.According to the top-level design,management of procurator is gradually achieved by bringing procurator into single post order,which correspondingly guarantees the rank and treatment of procurator.By the scientific design of election and appointment system and the system of specified number of personnel,for those procurators who enter the procuratorial order,system of specified number is implemented in proportion.By the assessment of the selection committee of procurator,excellent procurators are selected and the specified number of procurator is determined.The power is given to the procurator in the way of making power list who is strictly and effectively supervised.The responsibility system for handling cases of procurator is implemented to prevent the abuse of the procuratorial power.With the focused research on the specific practice in the reform of the Procuratorate of Jiutai District and the comparison of the management practice of procurator at home and abroad,some rules with common features and universal meaning are summarized and the construction of the professional management mode of the procurator is discussed.From the conclusions from the data analysis,in the perspective of the operation of management reform of procurator in the future,attention should be attached to the co-movement in and out of the judicial system.The problems in the current reform are put on the technology level of the reform to operate.On the exploration of the reform mode,the decision maker of the top level need to take the precious experience of the basic level into consideration.Specific attitude and different opinions of the procurators for the items in the reform should be systematically understood.On the basis of this,reform is conducted accordingly to achieve the effect of agglomerate reform consensus.At last,Organization Law of the Procuratorate and Law of Procuratorate are suggested to be amended at the right moment.Reform of the Procuratorate of Jiutai District comprehensively interprets that Jilin Province practices the spirit and goal of the reform of the judicial system of the central government from the perspectives of overall objective,basic principle and concrete content.Clear stipulation,accurate location and scientific plan are proposed for the professional management of the procurator.However,the Procuratorate of Jiutai District is not the spokesperson of all the investigating and prosecuting apparatus.Procuratorial work in Jilin Province has created much precious experience in this turn of reform.For example,by classifying the procuratorial personnel and establishing the system of specific number of personnel and the responsibility system for handling cases,the efficiency of handling cases is greatly improved and the number of misjudged cases is decreased to the greatest extent in the system.However,some problems are not solved fundamentally.For example,cases outnumber the procuratorial personnel.How to perfect the duty order of various kinds of procuratorial personnel and the problem of job security also need to be solved.Whether some problems left over by history are solved by this reform are to be seen in the future.For example,whether the power list is reasonable and whether the power is abused and whether the unjust,false and erroneous cases still occur and whether the procuratorial power is truly divorced from the administrative management and returns to the judicial property are still to be seen in the future.The reform has just begun.The solutions of these problems need to be explored in the reform process.Ultimately,professional management of the procurator is one part of the reform of judicial system and a small step to establish fair,efficient,authoritative socialist judicial system.How to solve these problems in the following reform and get more bonus from the reform require the underlying thinking and exploration of all the judiciary authorities which work together to accomplish the reform.