Study On Judicial Responsibility Of Verification And Supervision Power In Procurator Organs

As a new form of procuratorial power in the judicial system reform of the procuratorial organs,the review and supervision power is a comprehensive consideration under the interaction of the judicial responsibility system reform and the "inspection integration".It both has attributes of the supervision power and the decision power,which can make the chief procurator and the solicitor general have effectively supervised the prosecutor's handling of the case,but there are also risks of self-expansion of power and infringement of the prosecutor's independence of case handing.Since the scope of the prosecutor's authorization does not clearly stipulate the judicial responsibility of the subject of supervision,the grass-roots procuratorial organs have already had differences of understanding on the responsibility in the judicial practice.As a result,the chief procurator,the solicitor general and the prosecutor are unwilling to undertake the judicial responsibility within the scope of review and supervision,and many problems appeared in the operation of the review and supervision power.Starting from the source and characteristics of the inspection power,this paper explores the power source and characteristics of the review and supervision power under the background of judicial responsibility reform,analyzes the nature of the review and supervision power,and defines the power as an essential attribute of supervision power.It clarifies the supervisory responsibilities of the review and supervision power under the general circumstances,and also believes that the subject of supervision should bear the same judicial responsibility when it directly changes the decision of the prosecutor.Combined with the procuratorial practice in Gansu Province,this paper analyzes the status quo of the responsibility of the review and supervision power in the judicial practice.In addition,it attempts to expound some new ideas on the operational procedures and the mode of assumement of the review and supervision power,and proposes its own suggestions for the revision of the scope of the prosecutor's authorization.