The Problems And Countermeasures Of Case Management In Procuratorial Organs

Procuratorial organs of case management is a system in the field of criminal procedure,and case management mechanism reform is the procuratorial organs in nearly 10 years of a major revolution itself,it broke the past business line management and decentralized management mode,become a special case management department of cases for centralized management,the purpose is to strengthen internal supervision,standardize judicial practices.The beginning of the reform,through set up specialized agencies to centralized management of cases,strengthen the internal supervision of procuratorial organ,standardize judicial practices have made important contributions,but with the continuous development of practice,the procuratorial organ functions of case management itself has been weaken internal supervision,marginalized all sorts of problems,such as procuratorial organs inside once appear even the voice of "cancel case management",the case centralized management mode has been a major challenge.At the same time,the procuratorial reform,reform of the judicial system,internal institutions reform under the big background,the prosecutor power is more and more big,how to ensure that prosecutors exercise procuratorial authority independently according to law,at the same time,carry on the effective supervision,to ensure the reform of the judicial system the unity of "decentralization" and "supervision",a subject of major current procuratorial organs case management work.Based on the empirical research,this paper tries to analyze the main problems and difficulties existing in the case management of the procuratorial organs,and explore the next development direction of the case management of the procuratorial organs in combination with the new requirements of the reform of the judicial responsibility system for the procuratorial work.The paper is divided into five parts.The foreword mainly discusses the background and significance of the case management of the procuratorial organ.The first part mainly expounds the connotation of the prosecutors case management and the theoretical basis,clear what prosecutors case management,the connotation of broad sense and narrow sense procuratorial organs case management,at the same time from power restriction principle,the principle of justice and efficiency,the procuratorial works require three perspective of the theoretical foundation of the procuratorial organs case management.Second part combining with the reform of the judicial system documentation and the present situation of judicial practice,this paper discusses mainly the reform of the judicial system under the background of the necessity of centralized management,prosecutors case by analyzing the reform of the judicial system since prosecutors power changed from "the right to put forward opinions" to "handling matters say" major changes,the current procuratorial organs within different supervision and main body of the rights of the attorney supervision mode,and the limitations of each supervision subjects,supervision mode,further clarify the necessity of centralized management,the current procuratorial organs case "cancel case management" so as to respond to practice the question of sound.Third part to the perspective of practice research focus on analysis of problems existing in the management of the prosecutors case,emphatically from the function localization is not clear that procuratorial organ case management work to appear "services,supervision"ills,duties to perform complex was not reasonable to distinguish different levels procuratorial organs case management priorities,and prosecutors case management of the three main responsibility of the main business process monitoring and case quality evaluation the key problems,and to the business analysis,three aspects are analyzed in this paper.The fourth part in the third part expounds problems,on the basis of the specific function connotation,highlight the function of internal supervision of positioning,distinguish between levels of belonging,procuratorate case management at different levels to determine priorities,strengthening business attribute,the main role and significant problem three aspects puts forward to perfect the procuratorial organs case management work.