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Problems And Countermeasures In The Operation Of Procuratorial Quota System In China

Posted on:2020-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:L M ZhangFull Text:PDF
GTID:2416330575988834Subject:Law
Abstract/Summary:PDF Full Text Request
At the time of the wave of judicial reform,the post system is the core measure for the transformation of the judicial power generation model,so it also has a certain leading role in the promotion of timing.The post system is one of the highlights of the current round of judicial reform.It reflects the commonality and regularity of judicial work.It is not only a hot topic of academic discussion,but also a difficult point of practice.The procuratorate's quota system has experienced a slow development process,and it has also present many targets.How the operational status of the procuratorate's quota reform has become the focus of attention.Whether this system that promotes the whole system realizes the original intention of reform,how to avoid deviation from direction,realize the consensus of reform,and achieve the expectation of the top design of the system is an important issue that needs to be solved urgently.It is necessary to conduct in-depth research.The article aims to examine The analysis and analysis of the implementation of the official quota system,efforts to build effective linkages of various relevant systems and systematic interpretation,showing the dynamic relationship between top-level design and local actual operation,and promoting the realization of reform goals.Through the feedback of some procuratorates and media reports,the reform of the procuratorate ' s quota system has achieved good results in the operation process.However,in this process,there are also some new problems,such as the ambiguity of the procuratorial staff,the non-substantive handling of some of the leaders,the intensification of contradictions in the case,the improper control of the prosecutors,the poor connection of posts and retreats,and the handling of some cases.decline in quality.The root causes of these problems mainly lie in the fact that the procuratorate's division of labor is not refined,the leadership quota is limited,the procurator's assistant position is unclear,the internal and external supervision mechanism of the procuratorate is not perfect,and the current relevant supporting measures are absent.Through the presentation of the problem and the study of the cause,the corresponding solution is as follows.Firstly,improve the part-time work of the case-handling team,give full play to the unique advantages of all types of personnel,and promote the construction ofprofessional case-handling teams.Secondly,take relevant measures to strengthen the leadership of substantive handling of cases and overcome the limitations of the leadership in handling cases.Thirdly,clarify the scope and powers of the “Limited Prosecutor ” and provide professional training and education to promote the establishment of a “limited power prosecutor” system.Fourthly,starting with the internal supervision and external supervision of the prosecutor,a more scientific and reasonable case handling supervision mechanism will be constructed.Fifthly,through the optimization of the selection process,standardizing the circumstances and procedures for the withdrawal of posts,pushing forward the complete integration of the retreat procedures and gradually establishing a plan for adjusting posts between regions,and realizing the dynamic adjustment of the amount of procuratorates.Finally,it is necessary to systematically promote the supporting measures for relevant benign operations,including the performance appraisal system and the occupational security system.
Keywords/Search Tags:Prosecutor, Post system operation, Prosecutorial power, supporting system
PDF Full Text Request
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