Research On The Perfection Of Prosecutor's Responsibility System Under The Background Of Reform Of Judicial Responsibility System

Driven by the Judicial Reform,the Procuratorate is promoting the reform of the prosecutor's responsibility system in recent years to promote.At the end of 2013,the Supreme People's Procuratorate issued the “Pilot Program for the Reform of the Prosecutor's Responsibility System”(hereinafter referred to as the “the Pilot Program”).So far,the procuratorates in various places across the country(17procuratorates in seven provinces)have started the pilot reform of the prosecutor's responsibility system.The main reform measures for the reform of the prosecutor's responsibility system includes: First,to carry out the "major system" reform of the internal organs of the procuratorate;Second,to elect the chief prosecutor,and to establish a case handling group with the chief prosecutor as the center;Third,reform the "three-level examination and approval system" to enhance the independence of the chief prosecutor when the chief prosecutor is handling cases;Fourth,establish and improve the supervision and control system.Subsequently,in 2015,the Supreme People's Procuratorate issued the "Several Opinions on Improving the Judicial Responsibility System of the People's Procuratorate"(hereinafter referred to as "the Opinions"),reformed the organization of case handling,and made clear the mechanism of relevant case handling process.In September 2017,the SupremePeople's Procuratorate issued the “Measures for the Establishment and Operation of the Organizations of Judicial Cases of the Supreme People's Procuratorate(Trial)”.The new regulations promulgated the organization and operational mechanism of the Supreme People's Procuratorate,and refined the prosecutors in the judiciary.The powers in handling the case have promoted the reform of the responsibility system for the Supreme People's Procuratorate.The prosecutor's responsibility system for handling cases is one of the important contents of the reform of the judicial responsibility system.It is of great significance to promote the reform of the system within the procuratorate system and to enable the procurator to exercise the procuratorate power independently.The prosecutor's responsibility system for handling cases is a comprehensive and multi-faceted reform.From the Supreme People's Procuratorate to the local procuratorate in various district of the country,the implementation of the prosecutor's responsibility system is continuing.However,the judicial environment of different regions is different,and the prosecutor's responsibility system is still in the early stage of reform,it needs to be continuously explored and improved.Therefore,this paper attempts to clarify the status quo and legal provisions of the prosecutor's responsibility system.The author interviewed by the procuratorate,summarized and discovered the issues and flaws in the reform of the current prosecutor's responsibility system.Through rational analysis of the status quo of reform,it put forward reasonable measures to improve the procuratorate's responsibility system for reference.This paper analyzes the historical process of China's prosecutor's responsibility system reform from the rudiment,development and evolution,reform and stauts quo of the Chinese prosecutor's responsibility system reform.On some issues,it can trace the roots,clear the context,and pursue the background of problem.The historical reasons for the formation can lead to a practical solution.In addition,this article will also conduct interviews with relevant sample procuratorates and internal departments in the field,conduct in-depth research on the sample procuratorate,and obtain relevant data or documents to support some of the arguments of the article,andstrengthen the connection between the paper and the actual operation of the procuratorate.This article will study from the following four aspects:The first chapter analyses the basic concepts and contents of the prosecutor's responsibility system for handling cases,clarifies the legal basis and concept of the procurator's responsibility system for handling cases,summarizes the basic content of refining the prosecutor's responsibility system and the practical significance of the reform of the prosecutor's responsibility system..The second chapter focuses on the historical evolution of the prosecutor's responsibility system for handling cases,and takes the reform of the procuratorate in various regions of Shanghai as an example to analyze the current reform situation and overall progress of the prosecutor's responsibility system.The third chapter summarizes the relevant problems in the reform of the responsibility system for handling cases in China according to the current legal documents related to the reform of the prosecutor's responsibility system and the reform of the relevant procuratorate: the procurator's independent exercise of the contradiction between the prosecutor's power and the procuratorate system,and the reform of the post system related issues and internal issues of the prosecutor's responsibility identification and accountability systems.The last chapter of this thesis is the key chapter,expounding the basic ideas for completing the reform of the prosecutor's responsibility system for handling cases in China.Firstly,deepen the reform of the form of handling cases,construct a scientific internal operation mechanism,and ensure that the procurator will exercise his powers independently according to law.Secondly,in the reform of the post system,it is necessary to construct a reasonable procurator selection system and exit system to improve the elite of the procuratorate.Finally,build a clear and clear accountability and occupational guarantee mechanism to ensure that the procuratorate's powers and responsibilities are consistent,and improve the prosecutor's enthusiasm for handling cases with a good job security mechanism.