Research On The Perfection Of Procurator's Responsibility System For Handling Cases In Our Country

With the continuous development of the socialist market economy and strength of the construction of socialist legal system,Gradually improving the system of case handling and the organization of case handling in procuratorial organ is a very important task in the reform of the responsibility system for prosecutors handling cases in the new era.Procuratorial power has the quality of justice,that is experience,judgment and independence.Administrative activities can make decisions behind the scenes and extend command.However,the judiciary must require the judicial persons to experience the procedure in person and directly examine the evidence so as to effectively establish the heart certificate,identify the facts and correctly apply the law on this basis.The reform of the prosecutors' responsibility system for handling cases is to demand the realization of " who decides who handles the case and who decides who is responsible" so as to realize the prosecutors ' experience and judgment in handling cases.Therefore,the reform of the prosecutors' responsibility system for handling cases conforms to the judicial law and the legal spirit,and is also the need of judicial practice.At present,the implementation of the reform of the judicial system and the implementation of the prosecutor's responsibility system for handling cases have achieved initial results.The system of post procurator has realized the elitism of case procurators,the main position of the prosecutors was initially clarified and the power control and restriction mechanism was established.The implementation of the prosecutor's responsibility system for handling cases is a comprehensive and systematic project to standardize the procuratorial of handling cases,improve the quality and efficiency of handling cases and prevent miscarriages of justice,which cannot be accomplished overnight.In the reform practice,some existing laws and regulations have increasingly highlighted problems such as unclear confirmation of the independent status of prosecutors,unclear power boundaries and imperfect related supporting measures,In order to deepen the reform of the prosecutor's handling responsibility system,it is necessary to further clarify the guiding ideology of the reform of the prosecutor's handling responsibility system and the prosecutor's rights,responsibilities and benefits,rationally allocate the powers of the attorney general and prosecutors,judicial assistants and other prosecutors,and further improve the supervision and restriction mechanism,accountability mechanism and professional security system for prosecutors handling cases.The author takes the prosecutor's responsibility system for handling cases as the research object,elaborates the theoretical basis of the prosecutor's responsibility system for handling cases,analyzes the problems existing in the reform practice of the prosecutor's responsibility system for handling cases,and puts forward some targeted countermeasures and suggestions in order to provide some support for further improving the prosecutor's responsibility system.The main body of this article is divided into four parts except for the introduction and conclusion,specifically as follows:The first part gives a general overview of the prosecutor's accountability system,which is the basic theory part.This paper mainly expounds and analyzes the concept and content of the prosecutor's case-handling responsibility system and the historical evolution of the prosecutor's case-handling responsibility system in China,and makes a comparative analysis of the main contents of the prosecutor's case-handling responsibility system outside China,and concludes three core points of the prosecutor's case-handling responsibility system for reference.The second part is the necessity of the reform of the prosecutor's accountability system for handling cases.It points out that the reform of the prosecutor's accountability system conforms to the law of justice,the spirit of law,the practical needs and the expectations of the public,and is accompanying our country legal system society construction to develop gradually,has the vital significanceThe third part is to analyze the problems existing in the reform of the prosecutor's responsibility system for handling cases,and step by step in line with the principle of finding and solving problems.It points out that the law on the independent status of prosecutors is not clear,the current handling mechanism,supervision and restriction mechanism,judicial accountability system and occupational security system cannot meet the requirements of the reform of the handling responsibility system of prosecutors,which restricts the promotion and operation of the handling responsibility system of prosecutors.The fourth part is to put forward countermeasures and suggestions to the problems in the reform of the prosecutor's handling responsibility system.Only by clarifying the independent status of prosecutors can let prosecutors handle cases independently and make decisions according to law.Dividing the powers of prosecutors,procurators and procuratorial committees and improving the organizational system of handling cases can ensure that prosecutors handle cases independently and impartially.Only by improving the supervision mechanism can prevent prosecutors abuse of power,malfeasance and interference of others in handling cases.Only by improving the accountability system can promote the fair and impartial handling of cases by prosecutors with judicial responsibilities.Only by establishing and perfecting the occupational security system can improve the quality of the professional team of prosecutors as a whole.