Research On The Relationship Between The Procuratorial Committee And The Public Prosecutor's Power And Responsibility

In 2015 the Supreme people's Procuratorate issued Several Opinions on Perfecting the Judicial Responsibility System of the People's Procuratorate("The Opinions")pointed out the basic principle of the judicial responsibility system of the people's Procuratorate is not only to give prominence to the principal position of procurators in handling cases,but also to strengthen the supervision and restriction on procurators.It should be insisted that the power and responsibility of procurators are both clear and equal.This basic principle also provides guidance for the implementation of the Judicial Responsibility System of the People's Procuratorate.Meanwhile,it is put forward in The Opinions that enough attention should be paid to fully developing functions of the procuratorial committee to the make policy,guide and supervise the serious cases or issues.Both the procuratorial committee and the procurator are carriers of the judicial power.Whether the functions and powers of the procuratorial committee carried on scientifically,whether the allocation of the procurator's function and power is sound,whether the member's responsibility mechanism of the procuratorate committee is perfect enough,and whether the power and responsibility of the procuratorate is in coherence with each other.All these issues are closely concerned with the result of procuratorial reform this round.This paper can be divided into four parts:The first part is an overview of the contradiction between the powers of the procuratorial committee and the prosecutor,and the mode of prosecutors handling cases under the bureaucratic and chief complaint systems.The second part discusses the operation of the procuratorial committee's and the procurator's power and responsibility.This part will pay more attention on the problems that the scope of the motion of the procuratorial committee is not so clear,the function of the procuratorial committee is not so balanced,the allocation of the procurator's function and power is not complete,which leads to many problems,such as the traditional working mechanism and thinking mode still have no substantive breakthrough,the responsibility mechanism of the procuratorate committee has not yet been set up,and the procuratorial case handling documents are not standardized under the alternating of the new and old case handling modes.The third part analyzes the power and responsibility of the procuratorial committee and the procurator.The relevant laws do not uniformly set standards for major,difficult and complicated cases,resulting in too many cases discussed by the procuratorial committee;the imperfect supervision mechanism leads to the non-prosecution power not being delegated to the prosecutor,and the performance guarantee is not in place,which affects the prosecutors' enthusiasm for handling cases;And the difficulty of accountability is so great that the accountability of the members of the commission is difficult to pursue.The fourth part puts forward some measures to improve the relationship of power and responsibility between the procuratorial committee and the prosecutor.In order to achieve the coordination of them,some suggestions are come up with the following aspects: clarifying the scope of motion of the procuratorial committee,optimizing the three major functions of the procuratorial committee,perfecting the allocation of the procurator 's function and power,particularly the procurator should be given the absolute power of non-prosecution decision and non-prosecution for doubt,and transforming the collective responsibility system to the responsibility system of the chief prosecutor,and standardizing the procuratorial case handling documents and so on.