Study On The Case-handling Responsibility System Of Procurators In China

In China,the reform of the procurators' case-handling responsibility system has gone through three stages:the principal procurators' case-handling responsibility system,the direct procurators' case-handling responsibility system,and the current procurators' case-handling responsibility system.In general,the reform displays such characteristics as from self-reform to top-down design,experimentation precedes popularization,gradual optimization of comprehensive reform.The former reforms failed to achieve the desired goal,the reason of which is that the case-handling in China is highly administrative,and the power,responsibility and interest of procurators are not unified.Drawing lessons from the previous reforms,the new case-handling responsibility system,with the classification management and the quota system of the procurators as the foundation,clarify the subject role of the procurators in case-handling,scientifically defines the limits jurisdiction of case-handling and improves the judicial accountability system.The latest reform has abandoned the three-level examination and approval of the case handling pattern,decentralized the decision-making power of the case,clear the corresponding relationship between power and responsibility,to achieve the procurators' right and responsibility.However,with the deepening of reform and the adjustment of procuratorial functions,the inherent problems of the procurators' case-handling responsibility system and the problems associated with the reform are superimposed.The reform is facing so many difficulties as insufficient relative independence of procurators,incomplete power list of procurators,unscientific case-handling organization,imperfect supervision and restriction mechanism.Therefore,under the background of the comprehensive reform of the judicial system,the reform of the procurators' case-handling responsibility system should start with strengthening the subject role of procurators,perfecting the mechanism of procuratorial case-handling,the accountability system and the safeguard mechanism,and then improve the relevant legal policies and system design to continuously promote the integration of the reform system.