Research On The Reform Of The Procuratorial Official's Quota System

In 2015,the Supreme People's Procuratorate called on the Central Government to issue the Opinions on Deepening Procuratorial Reform,prompting the reform of procuratorial post formally into practice from the legal requirements.The reform of procuratorial post quota system aims to maximize the allocation of judicial resources by reasonably determining the proportions of the three categories on the basis of the classification of prosecutors.The reform of procuratorial post system highlights the dominant position of prosecutors,fulfills the responsibility of investigators,improves handling efficiency and strengthens the management of personnel.However,due to the lack of uniform guidance and lack of unified guidance,the post system has exposed many problems in the implementation process,including the lack of systems and the lack of practical experience.Therefore,based on the status quo of prosecutor's postal system reform,this paper analyzes and revises the existing problems and summarizes its achievement.Based on the orientation and function of the system,The purpose of the proposal is to ensure the reform of the prosecutor's post to maintain its vitality.This article is divided into three parts,except for the introduction and conclusion,there are about 30,000 words.The first part is an overview of the reform of the prosecutor's post.This part theoretically introduces the reform of the procuratorial post system in our country,including the procuratorial career features,the background of procuratorial post reform and the relationship between the post reform and other related reforms.The article argues that procuratorate occupational characteristics includs experience and independence,and experience requires prosecutors to directly contact and examine all kinds of evidences.Independence emphasizes that prosecutors make their own decisions based on their own understanding and judgment,without undue interference from other agencies or personnel.The reform background of procuratorial post quota system includes the background of procuratorial system in China,the background of judicial system reform in China and the background of international procuratorial system.The background of procuratorial system in our country is mainly the problem of the lack of specialization,the low overall quality and the weak independence in procuratorial organs in China at present.However,the background of judicial system reform and international procuratorial system is to deepen the judicial system reform and the widespread establishment of foreign countries Requirements for our country in the case of post system.The relationship between the post system and several other types of reforms is reflected in the following: The reform of the post system and the reform of the classification of procuratorial personnel are mutually reinforcing.However,the emphasis of the two systems is different.The quota system emphasizes the proportion of the three types of personnel.The reform of the prosecutor's responsibility system needs to be realized through the reform of the post system,both of which reflect the principle of the same power and responsibility.The reform of the post system provides guarantee for the reform of the operating mechanism of the procuratorial power.The post system selects excellent individuals to serve as prosecutors,Procuratorial officials handle cases independently to realize the prosecution power.The second part is the empirical investigation of the prosecutor's postal system reform.Based on the results of the empirical research,this part discusses the implementation of the post system in practice,achievements and problems.From the definition of the proportion of the staffing system,the conditions and procedures of the appointment,carry out research on the implementation of the staffing system,and after clarifying the implementation of the staffing system,summarize the effectiveness of the staffing system.Including the handling efficiency,staff management,prosecutors independence.The article argues that the post quota system has exposed varying degrees of problems at the prosecutor level,at the prosecutor's assistant level and at other levels.At the level of prosecutors,including the prosecutor's vague understanding of the reform of the post system,affecting the voluntary participation;The habitual thinking leads the prosecutor to rely on the decision of department heads,attorney generals,fear after the delegation of power,not willing to use the right.The duties of the prosecutor assistant and the prosecutor overlaps,wages,status and other aspects of the formation of a larger gap,and the assistant procuratorial system lacks the law stipulation,its management lacks the legitimacy.In addition,adopting a one-size-fits-all approach to the proportion of posts can not meet the needs of large numbers of cases in individual provinces and the pressure of handling cases,thus affecting the quality of handling cases;To the case management department,procuratorial theory research and job crime prevention,the three non-case-handling departments with posts violate the requirement that prosecutors must handle cases in the front line thus waste judicial resources;In the issue of whether the amount of leadership is subject to chaos in the provinces,can not form a scalable experience,urge to make a unified arrangement.The third part is to deepen the reform of the prosecutor's post.This part aims at the problem that the reform of the procuratorial post system in our country is exposed in practice.put forward the conception of perfecting the reform of the prosecutor's post system from the aspect of system and practice.The article thinks: the system aspect mainly includes giving the assistant of the prosecutor proper handling authority,enableto make decisions on simple cases on their own;cancel the case management department,procuratorial theory research,post crime prevention staffing,enrich the limited number of posts to the forefront of handling cases;cancel the limit of the proportion of posts,accodering the number of prosecutors required to determine the number of cases,further determine the number of prosecutors assistant.Unified leadership of the quota standard,amending the People's Procuratorate Organization Law to give the prosecutors assistant Legal Status,Realizing the prosecutor assistant system from scratch.Practical aspects must first strengthen learning,improve investigators' understanding of the reform;give the appropriate transitional period,slowly decentralized,make prosecutors gradually adapt to the reform;finally,speed up the implementation of prosecutors and their assistants wages,avoiding the "cask effect" affect the effectiveness of the reform.