Investigation Report On The Reform Of Judicial Responsibility System Of Procuratorial Organs In Anhui Province

The judicial responsibility system is a legal responsibility system based on the attributes of judicial.In order to realize the judicial responsibility system,China has comprehensively deepened the reform of the judicial system reform with the judicial responsibility system as its core content.From 2013 to 2019,the reform of judicial responsibility system in China has gradually completed the transformation from bud,pilot and gradual promotion to comprehensive and systematic deepening.Procuratorial organs,as an important part of judicial system,is carrying out the reform of judicial responsibility system at the same time.Whether the reform of the judicial responsibility system of the Procuratorial organs goes smoothly directly affects whether the prosecutor can exercise the procuratorial power correctly and independently,and also protects the procuratorial power,as a weak power,from interfered by the power of other countries.The reform of judicial responsibility system carried out by procuratorate has established a whole set of professional systems.Among them,the basis of the reform is to build a professional procurator team and new case-handling teams through the classified management of personnel.The core of the reform is to establish a new operating mechanism of procuratorial power by dividing the list of powers.The focus of the reform is to build a complete set of occupational security mechanism and disciplinary mechanism.Taking the Procuratorate of Anhui Province as an example,on the one hand,the post prosecutor selection and personnel classification management were carried out.The sequence of post prosecutors,judicial assistants and judicial administrators is clearly defined.At the same time,department heads and leaders are required to handle cases and be responsible for the cases.These reform measures have strengthened the strength of front-line case officers and improved the effectiveness of case handling.Promote the professionalism and professionalism of prosecutors.The other is the reform of the internal organs of the Procuratorial organs.Establish a list of duties,set up a new case handling organization,implement flat management,divide the scope of powers between the Procuratorate,the Attorney General,the Attorney General and the post prosecutor,establish a new mechanism for the operation of the prosecutorial authority,and change the prosecutor's case handling authority from The layer-by-layer approval mode of the Procuratorial organs has been transformed into a unified system of powers and responsibilities of "who handles cases and who is responsible,who decides who is responsible",and has also improved the work system of the Procuratorial Committee and joint meetings of prosecutors.At the same time,it is also exploring the establishment of a professional security system,clarifying the dynamic management methods of prosecutors,improving the professional security of post prosecutors and strengthening supervision.The reform of the judicial responsibility system of the Procuratorial organs of Anhui Province has achieved some results from the basic situation,but there are also many problems.The reform of the procuratorial personnel structure has the problem that the proportion of prosecutor has not reached the requirements of the reform and different personnels are mixed.After the reform of the internal organization,the lines of business guidance are chaotic.After the transfer of the responsibility of the prosecutor,the responsibility of the main body of the case is not clear.The leader's responsibility of case handling do not achieve the expected results.There is also problems with the operation of the procuratorial committee and the internal organization.In addition,the judicial occupation security in the reform of the judicial responsibility system has not been implemented properly,no supporting education and training methods have been established,and the initiative and enthusiasm of prosecutors during handling cases have not been fully stimulated.In the operation of the disciplinary system,the disciplinary committee has been rendered useless and it has not played its role.By analyzing the reasons for the problems,it can be found that some problems are caused by the inadequate implementation of some systems during the reform process;some problems are caused by the remnants of the old mechanism and the incomplete reform of the system cannot meet the new requirements;The lack of enforceability of the supporting program system.In short,in order to achieve the purpose and solve the problems,it is necessary to improve the judicial responsibility system of the Procuratorial organs from multiple angles.First of all,the Procuratorial organs should strictly implement the institutional measures in the reform of the judicial responsibility system,conduct personnel classification management in accordance with the regulations,and make good use of the reform measures to make good connection between the new and old case-handling modes,make the quality and efficiency assessment standards of case-handling changes from quantitative to quality.Secondly,in the reform,we must pay attention to the balance between occupational responsibility and security in the judicial responsibility system.By strengthening occupational security to achieve consistency of powers and responsibilities,systematic education and training of prosecutors to improve prosecutors' ability to handle cases,and to improve procedural rules of the prosecutor's disciplinary system,so that prosecutors have the ability to bear their due responsibilities,immune from multiple penalties and not affected by other factors.Finally,it is necessary to properly handle the relationship between decentralization and supervision in the Procuratorial organs.On the one hand,in accordance with the requirements of the operation of judicial power,delegate power to the prosecutor is necessary to facilitate the exercise of prosecutors ' powers and ensure the reform of the accountability system always exercising on an orderly track.