A Study On The System And Practice Of The Prosecutor General's Attending The Meeting Of The Judicial Committee In China

In the early days of the founding of new China,as one of the important parts of the legal supervision system of procuratorial organs with Chinese characteristics,the system of the procurator general attending the meeting of the judicial committee of the court at the same level was established,but it was almost shelved for a long time.With the advancement of the reform of the judicial system with the reform of the judicial responsibility system as the core,especially the reform of the litigation system with the trial as the center and the reform of the internal organs and functions of the procuratorial organ,the legal supervision system of the procuratorial organ has been further expanded and improved,and the chief procurator's attendance at the trial committee meeting of the court at the same level as an important form of trial supervision has become increasingly important and practical Frequently,it has become a hot topic in theory and practice.In the context of deepening the reform of the judicial system,as a judicial system with Chinese characteristics,what is the theoretical basis for the procurator general to attend the meeting system of the judicial committee of the court at the same level? How to treat the relationship between the supervision of procuratorial trial and the independent exercise of judicial power by the people's court according to law? What are the characteristics of its system and norms? What is the current practice? What are the problems? How to improve it? These problems need to be further explored and improved in practice.For this reason,this article will discuss the system of China 's Attorney-General 's Attending Trial Committee meeting system from the perspective of system and practice,focusing on analyzing the practice and existing problems of China 's Attorney-General 's Attendance Committee meeting system,and propose corresponding improvements based on it.The first part is the introduction,which describes the research background and research significance,current research status of the Prosecutor General's attending thejudicial committee meeting of the court at the same level as well as the research methods of this paper.The second part is the jurisprudential analysis of the attorney general's attendance at the judicial committee meeting.This paper mainly analyzes and proves the legitimacy and rationality of the procurator general's attendance at the judicial committee meeting at the same level from four aspects: the need to implement the legal supervision of procuratorial power,the need to promote the reform and improvement of the judicial committee system,the need to realize the function of due process and the need to develop the procuratorial cause and expand the function of procuratorial supervision in the new era.The third part is the system characteristics of the attendance of the Attorney General's Trial Committee.Based on reviewing the changes in the system of the Attorney-General's Meeting of the Attorney-General's Committee in China,the standard features of the system have been summarized and refined,including the limited nature of the main body,the predominant scope of criminal cases,the guarantee of the procedural mechanism,and the only opinions expressed Informative and so on.The fourth part is the practical analysis of China's Attorney General attending the trial committee meeting.By combing the practice of the Attorney General 's presence at the trial committee meeting,the phenomenon of “from cold to hot” and “unevenness of hot and cold” are present at the time of the presentation;in the practice of the specific mechanism,the court notices the presence and presence of the court notice The main body is mostly the Attorney General,but there are other main bodies,and the content of attendance is a criminal case.With regard to the effect of attendance,the opinions expressed by the Attorney General 's attendance at the trial committee are highly acceptable,and the rate of acceptance of the attendance is very high.The fifth part is the problems and suggestions of the attorney general's participation in the judicial committee.In view of the problems that the procurator general's participation in the judicial committee meeting is easy to break the balance between prosecution and defense,may interfere with the independent exercise of judicial power according to law,and the operation mechanism is not transparent and reasonable,this paper puts forward the recent reform plan with the main content of restricting criminal cases and the long-term plan with the core of reforming the judicial committee and substantiating the trial.