The Discuss Of The Improvement About The Attorney General's Attendance At The Judicial Committee

The attorney general's attendance at the judicial committee of the same level court is an important legal supervision duty entrusted to procuratorial organs by the law.This duty's internal motivation stems from the procuratorial organs' legal supervision power.It is an important carrier to realize the legal supervision efficiency,and is also an effective way to realize the diversification of judicial supervision.The original intention of the establishment of the system is to check and balance power in order to jointly safeguard judicial fairness and promote judicial democracy,but the practical effect is not satisfactory.In the implementation of the system in some places,the form is often greater than the substantive dialogue and the reported figures are satisfying but the actual effect is little.The contrast between the theoretical framework and practice urges introspection,to find out how to improve the system of attorney general's attendance at the judicial committee so as to make the system more feasible and operational,and make it more compatible with the development needs of judicial practice.In this paper,the combination of historical and empirical analysis is used to discuss the improvement of the attorney general's system of attending the judicial committee.The full text is divided into four parts.In the first part of this article,the development and practical significance of the attorney general's attendance system are roughly divided into four stages,namely,the legal establishment stage,the judicial guarantee stage,the concrete deployment stage and the supervision and implementation stage.The historical process is comprehensively summarized,from which we can find out the legal provisions,system guarantee and the perfect development process of the attorney general's attendance system.Secondly,it briefly describes the practical significance of the attorney general's attendance at the judicial committee system,which means the necessity for the system to be improved and implemented urgently.As for this significance,the first is the proper meaning of legal supervision,the second is the effective way of power checks and balances,and the third is the urgent need of judicial practice.The second part of this article is to clarify the relationship between the chief procurator's attendance system and the subjects involved.At first glance,the title of this part is somewhat abrupt,but the author sets it in the third part for detailed analysis,aiming to clarify the concept orientation and clarify the relationship between important concepts for the fourth part,because the legal orientation and interaction of the subjects determine the functional orientation and institutional arrangement of the attendance system.Only with a full understanding of the subject relationship can we better guide and enrich the hierarchy and procedural design of the attendance system.From the definition of the relationship within the procuratorial organs,including the undertaking of prosecutors,procuratorial committees and procurators,to the definition of the relationship between procuratorial organs and judicial organs,including general examination,examinations of the nature of work relations and examination at the level of dialogue,to the division of functions and responsibilities between the procuratorial committees and procurators in the system of procurators' attendance at the procuratorial committees,from the top to the bottom,from the macro to the connotation,the main bodies involved in the attendance system are analyzed one by one,thoroughly and comprehensively,with a view to directly and prudently facing up to the system of procurators'attendance at the procuratorial committees and putting forward suggestions for improving the system.The third part of this article describes the dilemma faced by the attorney general in the practice of attending the judicial committee system,namely,the practical problems and system deficiencies encountered in the implementation of the system by relying on existing laws and regulations,including four parts:the form is greater than substantive dialogue,the subject of attendance is unclear,the scope of issues is too narrow,and the procedural arrangements are missing.Of course,these four aspects are only the four aspects summarized and put forward by the author at present,and the following discussion will also put forward targeted improvement measures.The fourth part of this article revolves around several considerations on improving the system of attorney general's attendance at the judicial committee,and puts forward targeted and practical suggestions on the implementation of the attorney general's main position,the determination of the scope of attendance issues,and the reasonable arrangement of the relevant working mechanism of attendance procedures,which provides a reference for improving the system of attorney general's attendance at the judicial committee.