| Immunity from judicial responsibility of prosecutors,as a special right of professional protection of prosecutors,has been incorporated into the scope of national legal system and stipulated in national laws in many countries under the rule of law However,with the in-depth development of the judicial accountability system in China,the immunity of the prosecutor’s judicial responsibility is still only a passing reference in the judicial interpretation,and no provision has been made on the legal level.On the one hand,under the background of the judicial accountability reform,the national judicial personnel and the public are more concerned about the correction of wrong cases and the assumption of responsibility,so they pay less attention to the immunity of prosecutors’ judicial responsibility.On the other hand,one of the reasons for this phenomenon is that under the judicial system,judicial personnel including prosecutors are mainly guided by restraint and supervision.Thus,the granting of immunity is not taken seriously.But at the same time,because of the misjudged cases shall be investigated for responsibility scope of generalization and security administration system,the influence of the prosecutor’s departure to be investigated for legal responsibility in China in recent years,other prosecutors case was bound hand and foot,make this industry requires high prosecutors professional risk increases further,in order to solve the prosecutors case "worries",in the practice of prosecutors immunity to the legal responsibility of calls is higher and higher.Therefore,it is of great practical significance to carry out in-depth research on the concept,scope,rights composition,identification standards,procedures and relief of procurators’ immunity from judicial responsibility,so as to help procurators exercise procurator’s power independently in accordance with the law and improve the accountability system of procurators.In order to define the concept of immunity of procurator’s judicial responsibility,it is necessary to explain the source,development and theoretical basis of immunity of procurator’s judicial responsibility,which are the basis of the article’s narration and discussion.Judicial responsibility restricts the behavior of prosecutors to prevent the abuse of power,while immunity is a kind of professional protection of rights.Both of them promote the implementation of the judicial responsibility system of prosecutors The immunity of the prosecutor derives from the immunity of the judge.Based on the theory of power and responsibility matching,the risk theory of behavior responsibility,the fault-tolerant mechanism theory of result responsibility,and the theory of discretionary power of prosecutors,the essence of immunity of prosecutors’ judicial responsibility can be clarified theoretically.It is also an important basis to study the judicial responsibility and immunity of prosecutors.The current judicial responsibility system of prosecutors and immunity and the relevant provisions of the relevant system,the main provisions in Opinions of the supreme people ’s procurator on the implementation of judicial accountability system,Prosecutors law,Law of organization of public procurators.The relevant systems include the judicial accountability system,the accountability system for handling cases for prosecutors,the system for guaranteeing the career of prosecutors,and the system for evaluating and evaluating prosecutors,and the "opinions" in paragraph 2 of article 33 of prosecutors don’t the rules of the legal responsibility.Compared with the typical wrongful conviction cases in recent five years in China and the interviews with county-level prosecutors,the public security organs at all levels have investigated the wrongful conviction cases to the extent that they must be rectified.The form of the procurator undertaking the judicial responsibility has the concurrence,the administrative responsibility and the criminal responsibility intersect.However,it still bears the judicial responsibility of wrongful case investigation mainly in the way of administrative responsibility.In addition,the strong desire of the prosecutor to guarantee occupational risk was also a factor in the development of that right.There are two main problems in the protection of the judicial responsibility and immunity of prosecutors in China.In addition,the excessive responsibilities of prosecutors,excessive pressure to perform their duties,high career risk,leading to a gradual decline in the enthusiasm of prosecutors to perform their duties is also more prominent.These two problems are the key to the application of immunity of prosecutor’s judicial responsibility in practiceThe right is the breach of the system.To grant immunity from judicial responsibility to prosecutors,it is necessary to improve the supporting procedures and specific standards so as to improve the judicial responsibility system of prosecutors.To investigate the status quo of the protection of extraterritorial immunity and its enlightenment to our country,we should take its essence and discard its dregs,and establish the immunity of procurator’s judicial responsibility suitable for the characteristics and status quo of our country’s rule of law;It is necessary to establish the concept of immunity from judicial responsibility that both immunity from judicial responsibility and investigation are important components of the reform of judicial accountability system.We should adhere to the basic principles of consistency and clarity of powers and responsibilities,and implement the principle that prosecutors handle cases independently in accordance with the law,that subjective faults are consistent with objective ACTS,and that responsibility is commensurate with punishment.Specifically,prosecutors judicial safeguard responsibility immunity,include prosecutors from the legislative level to establish the judicial responsibility immunity and make clear the right of immunity and boundaries,prosecutor clearly different kinds of judicial responsibility immunity of cognizance standard,perfect the procedure of prosecutor judicial responsibility immunity,perfect achievements in procurator’s work inspection index and process five aspects. |
