On The Immunity System Of Public Prosecutor’s Judicial Responsibility In China

As the judicial reform continues to advance and deepen,the correction of the wrong case and the pursuit of the responsibility for the wrong case have been intensified.As one of the professions of high risk responsibility,the procurators in our country have not focused on the immunity of judicial responsibility for a long time.On the contrary,due to the exposure of erroneous cases in the headlines,scholars pay more attention to criminal cases such as she Xianglin’s case,Zhao Zuohai’s case,and so on,and pay more attention to procurators’ judicial responsibility,accountability for wrongdoings,and procurator’s disciplinary system.Compared with foreign countries,although the immunity of procurators’ judicial responsibility has not received the attention they should enjoy in our country and has not been stipulated explicitly,the procurators in our country do enjoy immunity from judicial responsibility.Starting with the concept of judicial responsibility and immunity of procurators,this paper expounds the definition of judicial responsibility of prosecutors in China in detail.The meaning of the immunity of procurators’ judicial responsibility and the significance of the system of the immunity of procurators’ judicial responsibilities.In the definition of procurator’s judicial responsibility,the author introduces the procurator’s judicial responsibility in combination with our country’s general civil liability and criminal responsibility,and compares the former with the prosecutor’s judicial responsibility.Then,by discriminating the concept of immunity and its close relation,the author puts forward the proper meaning of immunity of procurator in our country,and briefly summarizes the significance of its existence.The second part is to sort out the immunity of judicial responsibility of prosecutors abroad,mainly taking the United States as an example and making a comparative analysis of the immunity of judicial responsibility of prosecutors in our country.The third part of the text is from the new constitutional theory and other aspects to consider whether there is any legal basis for the procurator’s immunity from judicial responsibility in our country.The fourth part is the analysis of the relationship between the immunity of judicial responsibility of prosecutors and the judicial responsibility of prosecutors through the problems existing at the present stage of the immunity of judicial responsibility of our country;the fifth part is also the last part.Through the above comparative analysis of the immunity of prosecutors from judicial responsibility abroad,combining with the specific judicial practice in China and taking into account the reform of the judicial responsibility system of prosecutors,the matter of judicial responsibility and immunity from judicial responsibility is clarified.To determine whether prosecutors enjoy immunity from judicial responsibility,legislation He Ru to attach importance to and how to better improve the procurator disciplinary system four major aspects of reflection.Finally,the author considers that there are no legal documents in China at the present stage to provide for the immunity of judicial responsibility of prosecutors from the positive,so the author rough drafted a legislative proposal on how to implement the system of immunity of judicial responsibility of prosecutors.Power needs to be restricted,but it also needs to be protected.If there is a criminal wrong case,it will be attributed to the prosecutor,the case contractor,regardless of the judicial defects,judicial responsibility or the wrong case caused by bad judicial environment,are investigated,the responsibility of the case contractor is obviously unfair.But as an important part of the reform of procurator’s judicial responsibility,the immunity of procurator’s judicial responsibility should also be widely recognized,and should be paid attention to and developed synchronously with the procurator’s judicial responsibility and the prosecutor’s disciplinary system.Only by giving procurators immunity from judicial responsibility can the enthusiasm of procurators and their case contractors be guaranteed,independent exercise of power,independence of handling cases be guaranteed,and judicial reform be better implemented.