On The Functional Positioning And Power Structure Of Grassroots Procuratorate

Since 2017,with the "anti-corruption" and "anti-dereliction" two departments transferred to the commission for discipline inspection,the position of the procuratorate in the political power system of state institutions at all levels has been greatly changed,and the society has reconsidered the "main business" of the procuratorate of China.However,due to the fact that the academic circles,the political circles,and especially the procuratorial organs,have not formed a broad consensus on what constitutes the "main business" of the procuratorial organs,the pace of reform of the procuratorate in China is too small in the more than two years after the transfer of the "two bureaus".Its functional positioning is not compatible with the organization and working mechanism,and must be resolved as soon as possible.Starting from the orientation of the procuratorate in the Constitution,this paper insists on the problem orientation,comprehensively analyzes the problems existing in the construction ideology,organization and main work of the procuratorate from a practical perspective,and analyzes the mature experience of Western countries and other legislative fields through dialectical analysis.Based on the status quo of the grassroots level and the needs of the grassroots level,we made some shallow reflections on how to improve the grassroots procuratorate and put forward some unconformed views and suggestions.The introduction and the first chapter of the paper have written the status quo of China's procuratorial work and the necessity of reform.The introduction begins with the topic of why the paper is selected for the reform of the procuratorate,and introduces the content methods and key points of the research.The first chapter introduces the special nature of the procuratorate at the grassroots level compared with the procuratorate at the central,provincial and municipal levels,as well as the status quo of the functions of criminal prosecution,civil procuratorial inspection,publicinterest litigation and case investigation.The second chapter comprehensively analyzes the problems existing in the grass-roots procuratorate from the perspective of practice: the function orientation is not clear,the understanding of the connotation and extension of legal supervision is not uniform,and the relationship between public prosecution and legal supervision cannot be clarified;The characteristics of the grass-roots procuratorate are over-emphasizing the matching and integrity of the institutions.The reform of the post system is more important than the actual increase of human stress;the criminal prosecution business is not strong,the control over the investigation activities is gradually weakening,and the application of technical reconnaissance means The supervision of community correction and conditional non-prosecution is weak;the legal supervision is not in place,and the court's civil trial and government administrative law enforcement supervision have not exerted the expected results.The third chapter focuses on the western procuratorial system.It mainly introduces the operation modes of the state power balance,the legal supervision system,the procuratorial system of the procuratorial system,the criminal prosecution,and the public interest litigation in the United States,Germany,and Japan.The author finds that due to the different political systems and social foundations of the country,we cannot mechanically copy the ready-made procuratorial system of Western countries,but should profoundly analyze the social background of the establishment of relevant systems in Western countries and the legal principles that run through them.On the basis of the situation,explore the establishment of a procuratorial system that is suitable for the actual situation in China.The fourth chapter proposes how to improve the recommendations of the grassroots procuratorate.It is mainly in four aspects: in the construction of ideas,adopting the legal supervision of "universalism",avoiding the procuratorate becoming a pure public prosecution agency,establishing a "great supervision" pattern in which the procuratorate rely on the bottom,discipline inspection,and auditing to participate in multiple departments;On the one hand,we will relax the quota of posts,implement theestablishment of large-scale institutions,explore a flat management model,and improve the efficiency of the use of police officers in the procuratorate.In the investigation and supervision,by means of the unified dispatch of the procuratorate to the public security organs at the same level,on the one hand,On the other hand,the procuratorial business can be parasitized on a large public security organ to realize the extension of the procuratorial business to the township community;in the administrative public interest litigation,through rationalization and civil public interest litigation The relationship,perfect supporting legislation,unblocking the channels of investigation before the prosecution,and making it a powerful weapon to restrict the government's law enforcement activities;in the procuratorial inspection of the people's bank,by setting up a stationed institution in the court,promoting the supervision system of the case,strengthening the procuratorial authority,etc.Realizing post-emergency interventions effective in court civil and administrative trials,in the jurisdiction of trials Maintenance and constraints in maintaining a delicate balance.