The Research On Setting Up Procuratorial Office Accredited To Communities By Procuratorate

In February 2009,the article of the scheme of constructions on basic-level people's procuratorate made by the Supreme People's Procuratorate said that we should try to explore the construction of procuratorial office accredited to communities,streets and villages positively.Therefore,procuratorates from place to place tend to carry out this experiment.As an international metropolitan city,Shanghai owns a high urbanization level,under the background of which communities become basic and general units.Since June 2010,procuratorates in Shanghai have begun to explore the construction of procuratorial office accredited to communities,streets and villages positively.Now,basic system and standardized construction of procuratorial office have made primary success in Shanghai according to the specific conditions and the effect on society gets important increasingly.This article takes procuratorates in Shanghai for example and lay emphasis on research on significances of setting up procuratorial office accredited to communities by procuratorate with five sections as follows:Section one: This article firstly introduces the concept of procuratorial work in communities and shows it as a new value on procuratorial work and practical pattern.Furthermore,it also explains differences between traditional work and community work on goals,contents,methods and so on.By observing other procuratorates' practices in domestic area,this article summarizes four kinds of procuratorial office accredited to communities which are external,internal,comprehensive and subsidiary separately.Besides,it also makes a brief introduction for the history of development of basic-level procuratorial office and the current situation in foreign country.Section two: This article suggests that setting up procuratorial office accredited to communities by procuratorate has solid legal support from all the fundamental law such Constitution,criminal law,criminal procedure law,the People's procuratorial organization law and so on.Moreover,setting up procuratorial office accredited to communities will contribute to putting judicial reform into action.Meanwhile,it will be beneficial to reinforce procuratorial legal supervision,extend procuratorial work scope and promote three key work planned by the Political and Judiciary Commission under the Central Committee of the Communist Party of China.Establishing procuratorial office accredited to communities by procuratorate must comply with three basic principles which have advantages of performing legal supervision function,professional construction and contact the mass.Section three: This article takes procuratorates in Shanghai for example and puts forward that community agencies shall bear the four main functions.First,they should supervise the public law enforcement made by the police.Second,they should supervise the non-confinement penalty enforcement activities.Third,they ought to prevent duty crime at the grass-roots level.Finally,they are supposed to be charge for the petition reception,procuratorial publicity and participation for the comprehensive control at the grass-root level.Section four : This article uses three typical cases to illustrate the important role that the procuratorial office accredited to communities take in supervision for the non-confinement penalty enforcement activities,publicity for the duty crime informant and the participation for the comprehensive control.Section five: In order to cope with the current situation,this article points out a series of suggestions that community procuratorial office take the two kinds of investigation supervision functions.Furthermore,we should improve law supervision for community correction and the community procuratorial office ought to pay more attention to participation for community construction.