On The Responsibility System Of Chief Prosecutor's Handling Cases

Under the background of judicial reform,the reform of the responsibility system of the chief prosecutor is in accordance with the development of procuratorial practice in our country,not only has the realistic demand,but also has the legal and legal basis.In the pre-reform pilot,the chief prosecutor's handling responsibility system still exists in the administrative color is strong,the chief prosecutor's main position is not clear and the authority is unclear,the rights and responsibilities are not unified,the lack of strict selection mechanism,the occupational security mechanism is imperfect,Supervision and control and authority does not match and many other issues,although the emergence of these issues that the prosecutor responsible for the reform of the case itself has great difficulties,but on the one hand for its follow-up reform has accumulated valuable experience.Through the exploration of the overseas procuratorial system in Germany,France,Japan and Taiwan,we can inspire the independence of the procurator,regulate the internal power operation,the internal handling relationship and the selection of the chief prosecutor and the occupational protection.In order to realize the purpose of judicial reform in our country,we will promote the full implementation of the accountability system of the chief prosecutor and combine with the status quo of the procuratorial system in our country,and discuss the normative construction of the chief prosecutor's handling system.In the process of perfecting the responsibility system of the chief prosecutor,we should follow the principle of independence,self-examination,the principle of handling the case,the principle of flattening the business decision,and the professional development of the chief prosecutor.After the chief prosecutor system as the basis,clear the legal status of the principal prosecutor's subject,strict director of the prosecutor's selection criteria and procedures,improve the promotion and exit mechanism,and the establishment of the chief prosecutor handling the case,in clarifying the chief prosecutor and the procurator,The Commission,the head of the department,the other prosecutors in the case and the relationship between the Prosecutor and the Director,and further clarify the competence of the Chief Prosecutor.In addition,the director of the prosecutor handling responsibility system to enhance its independence,but also to strengthen the director of the prosecutor's supervision and accountability mechanisms,so that the prosecutor's authority and responsibility to adapt Finally,the professional security of the prosecutor is engaged in procuratorial affairs,an important guarantee to enhance the professional sense of honor,Xu in the ranks of treatment,occupational exemption,personal protection and other aspects of the establishment of a sound mechanism.Through the scientific position of the chief prosecutor to improve the professional status of the prosecutor in order to benefit the judicial reform of the procuratorial organs,improve the current pocuratorial system,so as to promote the realization of social justice and justice.