Research On Chief Prosecutor Case Responsibility System

Director of the prosecutors case responsibility system,is a director of the prosecutor as the main body,the most basic case to prosecutors handling group as the basic working organization,adhere to the principle of integration,in the case independently in accordance with the specific host and leadership,organization was formed by the prosecution attorney and JianWeiHui,director of the chief procurator,head,prosecutors,and the various relationship between procuratorial support staff,and to ensure accountability unifies and establish operating mode,supervision mechanism and guarantee mechanism of judicial system of comprehensive work.It is the unity of the procurator system and the system of lifelong responsibility for the quality of the case.The responsible system of the director's procurator is the responsibility system,which is to determine the status of the procurator's work in the flat management mode,and to properly configure the procurator's power.The director of the procuratorial office is to uphold the principle of unification of the principle of unity of the procuratorial independence and the procuratorial body,the principle of unity of power and responsibility,the right to decentralization and the necessary restriction principle.In order to guarantee the judicial independence,and of the chief prosecutor must be in the form of law clear the nature of the chief prosecutor,given its own case subject position,given its identity protection,at the same time to abolish the examination and approval system.In order to ensure the prosecutor(attorney),director of the judicial independence,must strictly limit the attorney general to prosecutors(attorney),director of the leadership and command,shall not overstep the law's authority,and give the chief prosecutor of the attorney general supervision and management of disobedience rights and the right of dissent.In the current reform situation,it should be different lines of business,clear whether the chief prosecutor and head for the same person,for the staff,the relatively small volume of business,both for the same person;For the business departments that are relatively large in personnel and business volume,the director of the public procurator and some responsible persons shall have a division of duties on the guidance of the business,and the department head shall not review the handling of specific cases.The director of the public procurator shall be limited to the supervision of the case,and shall not change the undertaking of the procurator,and shall not be subject to the approval of the preparatory examination.To construct the exemption rules for judicial liability of public procurators,the "objective standard" should be adopted for the distribution of the burden of proof of the prosecutor's "intentional or gross negligence".For Saturday and decided to separate,to undertake the prosecutors executive decision of the judicial liability exemption "subjective and objective consistent standard said" should be adopted,the attorney general,JianWeiHui decision main body of legal liability exemption "objective criteria" should be adopted.In the devolution of the prosecutor(attorney),director of the at the same time,should strengthen the supervision of its more,through regular reporting,quality Ping Zha,information fusion methods for online search,expanding form innovation such as external supervision supervision and restriction mechanism,and perfect for prosecutors,director of the security and performance evaluation.