Research On The Chief Procurator System

The Procuratorate,as the legal supervisory authority in China,exercises its power of legal supervision independently.Its powers are passive,neutral,final,formal,and specific.However,the "three-level examination and approval system" has long been used by the procuratorial agencies in China as a mode of handling cases and has the characteristics of examination and approval.That is,the prosecutor handles cases-departmental leaders' approval and guidance-the chief procurator or the procuratorial committee makes the final decision.The case handling mode has a heavier administrative attribute and deviated from the judicial attribute of the procuratorial power.Many problems have arisen in the actual case handling work,such as inefficiency,different powers and responsibilities,and difficulty in finding faulty cases,which seriously restricts the prosecution work.It is also difficult to meet the needs of the rule of law society in our country.With the continuous deepening of the judicial reform,due to the imperfect provisions of the existing laws and regulations on the procuratorial power,a scientific theoretical system has not been formed,and the practical effects of the various domestic reform pilots are also uneven.This requires the in-depth exploration of the existence of reform trials.Highlight problems and find solutions.Therefore,the purpose of this paper is to dig deeper into the outstanding problems in the practical work of the reform pilot based on the existing legal provisions,deepen the theoretical research on the operating mechanism of the procuratorial power,and seek a more perfect model of prosecutors handling cases and standardize the procuratorial power.The operating mechanism ensures that the people feel fair and just in the case.This paper,combined with the practice of the reform of pilot prosecutors system in China,analyzes some typical problems and reasons arising from the reform,and explores the perfect thinking of the director prosecutor system in light of these problems.This article is divided into five parts: The introduction part mainly includes the background and practical significance of the topic,and also lists the current research status of the chief prosecutor system,as well as the research methods and innovations of this article.The second part is the concept definition and basic theory.According to the current law and the research of some scholars,the concept of the chief prosecutor system has been defined.He believes that the chief prosecutor system should be a working mechanism for law enforcement.It includes internal basic organizational forms,division of powers of prosecutors,and other The principal relations,the inspection and selection mechanism of the chief prosecutor,the supervision and control mechanism,and the right protection mechanism,etc.Under this working mechanism,the chief prosecutor can exercise the prosecutorial power relatively independently.It also expounded the legal basis and historical background of the reform of the chief prosecutor,arguing that the chief prosecutor system does not contravene the existing regulations and that it also has a certain legal basis and is in line with the higher judicial requirements imposed by the procuratorial organs in the current rule of law.In the third part,the specific circumstances of the reform of the director prosecutor system were explored,and the problems that emerged during the reform were summarized according to the practical situation,from the integration of internal institutions,the selection of the chief prosecutor,the division of responsibilities of the chief prosecutor,and In the five aspects of the construction of external supervision and control mechanisms and the establishment of a job security system,a typical case description was made on the reform of the chief prosecutor system.The fourth part is based on the actual situation of the reform pilot,put forward the problems of the director prosecutor system in practice and analyzed the reasons.The fifth part is based on the five problems summarized in the fourth part,and elaborates the idea of perfecting the director procurator system.If there is a lack of uniform standards for internal agencies,the author believes that the Supreme People's Procuratorate should carry out top-level design,and make uniform regulations on the number,terms of reference,and organization name of the reformed internal agencies.First,the current status of unclear functions;In the construction of the chief prosecutor's election system,according to the needs of the case handled and combined with the needs of the procuratorate's judicial attributes,a scientific and reasonable standard for selecting people should be selected to ensure the selection of case-handling practice abilities,legal expertise,and politics.Awareness officers and other prosecutors with higher overall quality come to serve as the chief prosecutors;they clearly define the terms of reference for various types of procurators,and allow all types of personnel to exercise their rights so that they do not exceed their powers,do not go beyond grades,and are not in short supply;In the past,through the combination of internal and external supervision and control,the normal and lawful exercise of power was guaranteed;in the aspect of occupational security of the chief prosecutor,relevant systems should be established both in terms of welfare and independence,and ensure that the chief prosecutor enjoys the appropriate treatment.Improve the prosecutor's professional pride and enhance the whole Quality team of prosecutors,to provide protection to better achieve the performance of their duties according to law,but also enhance the credibility of prosecution in the eyes of the people.