To Revoke The Administrative Management Of Our Procuratorial Organs

For a long time,the administrative problem of our procuratorial organs is very serious.Today,it is of great practical significance and theoretical value for the reform of the procuratorial organ to study the deadministration of the procuratorial organ.This paper mainly discusses the problem that the procuratorial organs exercise procuratorial power by internal and external administrative interference,and hopes to help the reform of procuratorial organs.Specifically divided into four parts:The first part,firstly,discusses the nature of the procuratorial power and the meaning of the administration of procuratorial organs in our country,makes clear the difference between the executive power and the judicial power.Secondly,according to the actual situation of the procuratorial organs in our country,this paper enumerates some main administrative performance of the procuratorial organs in the real operation:(1)the administrative level of the procuratorial organs;(2)Administrative administration of financial protection of procuratorial organs;(3)Administration of appointment and removal of persons from the procuratorial organs;(4)Administration of personnel management of procuratorial organs;(5)the administrative mode of the procuratorial organs;(6)Administrative transformation of the procuratorial committee;(7)Administration of performance appraisal of procurators;(8)Administration in the reform of staffing.The second part,first of all,from the historical level,ideological level and so on,analyzes the reason of the administration in the operation of procuratorial power.Secondly,from the constitutional orientation of procuratorial power,the characteristics of procuratorial power and the requirement of exercising procuratorial power independently according to law,it explains the necessity of our procuratorial organs deadministrating.In the third part,the author studies the key issues in the procuratorial operation mechanism,such as the personnel system,the financial guarantee system,the separation of procuratorial orders and administrative orders,pays attention to the relationship between procuratorial power and administrative power,studies the good experience of the procuratorial organs in the civil law countries and the common law countries,and summarizes the common law which is conducive to the independent exercise of procuratorial power.In the fourth part,the way of deadministrating the procuratorial organs in China is conceived.First of all,the general principle that must be held by the administrative transformation.Secondly,according to the main line of "procuratorial legal affairs" and "procuratorial administrative affairs",the author envisages from the aspects of personnel,financial protection and case handling mechanism,and discusses the concrete and feasible measures to improve the mechanism of procuratorial power operation,so that the procuratorial power in our country can be exercised independently from the interference and suppression of administrative power in a real sense.