The Reform Direction Of Railway Transportation Procuratorial Organs

The procuratorial system of railway transport refers to the organization,functions and powers and working procedures of special procuratorates established according to law to perform the duties of legal supervision or exercise the procuratorial power over the railway transport system.As an important part of socialist procuratorial system with Chinese characteristics,railway procuratorial system has made important contributions to the establishment of safe railways,the maintenance of stability along railway lines,the creation of a stable social environment for the development of railway undertakings and the promotion of the development of socialist market economy in the history of more than 60 years.On the other hand,the railway procuratorial system further extends the procuratorial function in China and promotes the development of the procuratorial cause in China.However,in the process of the reform and development of the railway procuratorial system,some problems of the railway procuratorial organs have gradually emerged,especially after the completion of the reform of the railway procuratorial organs,the defects of the railway procuratorial system have become more prominent and need to be solved.It has been suggested that "there are not many cases to be tried by the railway transport courts and procuratorates,which have already existed in name only".It is true that there are few cases in the railway courts and procuratorates.I disagree.In this article,the author to railway prosecutorial system as the research object,from the understanding of railway procuratorial organs set up,the history of development,then delve into the problems existing in the prosecution of procuratorial organs and the rail system,again according to the existing problems of railway procuratorial organs reform the direction and measures are put forward,hope for the development of the railway prosecutorial system perfect,avoid railway procuratorial organs removed again,to provide personal support,at the same time to perfect our country's procuratorial system make its own contribution.Apart from the introduction and conclusion,the main body of this paper is composed of four parts.The content of each part is briefly introduced as follows:The first part is mainly about the history of railway procuratorial organs from establishment to development.For railway transport procuratorates experience initial establishment,cancellation of the organizational system,restoration and reconstruction,apanage transfer,reform and innovation of five stages,the key is to illustrate railway prosecutorial system is suitable for national conditions and judicial system,for China's economic and social development,whether to consolidate regime of the People's Republic of China period,or the developing of social economy,build a well-off society in an all-round way in the new period,still have very important positive significance.The second part mainly expounds the current problems of the railway procuratorial organs and the railway procuratorial system.On the other hand,it is the problem that the railway inspection system does not adapt to the territorial jurisdiction.Since 2012 when the railway procuratorial organ implemented the subdivision of land,the railway procuratorial system has gone through a profound reform.Railway procuratorial organs in 29 provinces and municipalities have completed the transfer to local procuratorates in an orderly and orderly manner,and changed the previous situation of indiscriminate inspection of enterprises.It is because of this reform that the railway procuratorial organs have changed the way of setting up the "linear distribution" corresponding to the railway bureaus(including the railway sub-bureaus that have been abolished)all over the country,which has led to the different levels of the railway procuratorial organs and the disunity of "human rights" and "administrative rights".At the same time,due to the reform of China's judicial system and the defects of railway procuratorial organs,it is difficult for railway procuratorial organs to embody the value of special procuratorial organs.The procuratorial organs in the process of the development of the railways in the procuratorial organ has been revoked,at present,suggest to cancel railway procuratorial organ's voice rang again,in order to avoid the consequences of railway procuratorial organs removed again,railway procuratorial organ should be established by the fourth plenary session of the 18 proposed across administrative court and procuratorate of dongfeng,efforts to reinvent themselves into across administrative division's procuratorate.The third part is mainly aimed at the problems of railway procuratorial organs and railway procuratorial systems mentioned above.On this basis,the feasibility and significance of establishing cross-administrative district procuratorate are analyzed in depth.There are many reasons to establish cross-administrative division procuratorate by relying on railway procuratorial organs.Second,the establishment of cross-administrative division procuratorate has practical basis;Third,railway procuratorial organs provide realistic possibility and basic conditions;Fourthly,the overseas cross-regional inspection system provides us with practical experience.The establishment of cross-administrative district procuratorate in China has the following significance,which is conducive to promoting judicial independence,integrating judicial resources,improving judicial efficiency,strengthening the legal supervision function of procuratorial organs and constructing scientific and reasonable litigation pattern.The last part mainly points out the direction of railway procuratorial organs' reform and proposes the author's system plan of establishing cross-administrative jurisdiction procuratorial organs relying on railway procuratorial organs.The establishment of cross-administrative division inspection system is a great attempt in the process of the rule of law in China and will have a significant and far-reaching impact on the improvement of the socialist judicial system in China.At present,it is still in the period of theoretical exploration and pilot to set up cross-administrative district procuratorate relying on railway procuratorial organs,and it can be finally implemented nationwide only after the demonstration of experts and scholars and repeated attempts of experimental units.The author will put forward his own views on the nature,mode of establishment and jurisdiction of the people's procuratorates across administrative divisions.