Research On The Reform Of Public Prosecutor Post System

In June 2014,the Framework Opinions on Several Issues in the Pilot Reform of Judicial System was deliberated and adopted by the Third Meeting of the Leading Group of the Central Committee on Comprehensive Deepening Reform.The Opinions put forward the idea of "establishing the post system of judges and prosecutors".The post system of prosecutors is of great benefit to the professional construction of prosecutors,the professionalization and elitism of prosecutors,the independent exercise of procuratorial power by prosecutors,the realization of judicial justice and the protection of judicial authority and credibility.The post system of prosecutors refers to the quota of prosecutors determined by the number of cases handled by the procuratorial organs,the population in the jurisdiction and the level of local economic development.At present,throughout the country,the reform of the post system of prosecutors has achieved remarkable results.It clarifies the classification management of the personnel of the procuratorial organs and stipulates the powers and responsibilities of the post system of prosecutors in handling cases.But the post system reform is a new product,and it still needs to be improved.This paper explains the reform of some pilot procuratorates and so on,to find some problems in the process of post system reform,and to put forward some suggestions for improvement combined with the relevant situation.The main problems in the reform include: the uniform requirement of 39% of the procurator's quota is not reasonable;the procurator's quota condition lacks detailed consideration of age and professional ethics;the procurator's quota condition lacks clear and unified provisions;the procurator's quota procedure needs to be improved,and the procedure of individual declaration,interview investigation and public announcement needs to be further improved;Classification management is not perfect,there are some problems in the management of prosecutors,procuratorial assistants and administrative personnel respectively;the withdrawal mechanism of post prosecutors still has some problems,such as the imperfection of withdrawal evaluation system,withdrawal procedure and follow-up management of withdrawal personnel;finally,the relevant security mechanisms of prosecutors,including occupational security,economic security,personal security mechanism,need to be solved.In view of the problems existing in the post system of prosecutors,specific suggestions for improvement are put forward from relevant aspects.Mainly include: to determine a reasonable proportion of prosecutors' quota,39% can be raised according to the actual situation,different levels of procuratorial organs can set different proportion according to their own number of cases;quota conditions should be specified on ideological and political education,integrity and self-discipline,age,education,employment experience and other aspects,so as to determine a unified and clear quota conditions to ensure post inspection.In terms of the quality of prosecutors,the procedure of quota entry can be improved by adding the recommendation of police officers in the link of individual declaration,so as to make the evaluation more objective and accurate;we can establish a comprehensive system of quota prosecutors' publicity by means of network,APP and other platforms to ensure publicity;we can strengthen the classification management of prosecutors,assistant prosecutors and judicial administrators,and clarify the posts of prosecutors.Attorneys should not participate too much in administrative affairs to ensure the full exercise of procuratorial power,and strengthen the supervision and restriction of prosecutors.Attention should be paid to the procuratorial assistants to enhance their work enthusiasm,carry out relevant training to improve their professional quality,and plan the development path for them to form a professional model for the development of procuratorial assistants.A separate management office should also be formed for judicial administrators.We should establish a perfect evaluation system for withdrawing posts to ensure the executive ability of the Public Prosecutor Evaluation Committee.In addition,we should improve the procedures for withdrawing posts,and we should not withdraw from posts at will without specific procedures,so as to manage the situation of withdrawing posts,and provide strong professional security for public prosecutors by restricting the internal and external factors of the procuratorial organs.The economic rights of prosecutors can be guaranteed by further adjusting the salaries and salaries of prosecutors,and the personal safety of prosecutors can be guaranteed by setting up security guards,equipping alarm equipment and recording equipment.