Research On The Leadership Of The Procuratorial Business Under The Judicial Responsibility System

Under the judicial attribute of procuratorial power,the core content of procuratorial business leadership is the decision of procuratorial business,that is,the final right of substantive handling of cases.And for a long time,China's procuratorial organs carry out the administrative operation mode which is to undertake the affairs and orders assigned by superior department,and have been adopting the "Three-level approval system" working mode that prosecutors handle cases,responsible person of handling case examine and verify,the attorney general or the procuratorial committee make decisions.The subject of the case is separated from the subject of power,the lack of power and responsibility has always been an important factor to puzzle the smooth development of procuratorial business,therefore,also the procuratorial organs of the judicial system reform focuses on one of the key concerns.In recent years,the procuratorial organs have launched the chief complaint system of prosecutor and chief prosecutor case responsibility system and other two large-scale reform,and made some beneficial attempt in the aspect of diluting administrative power,emphasis on judicial factualism,but there is still a big gap with the goals,There is no change in essence to separate the final rights and handling the case.At present,with the gradual deepening of the reform of the judicial responsibility system,a consensus has been generally reached on the definition of the status of the post prosecutor and the proper decentralization of procuratorial business leadership.Under the premise that the superior and subordinate leadership system of procuratorial organs remains unchanged,the construction of a new,flattening and specialized case handling organization is the cornerstone of the reform of the judicial accountability system.To promote the transformation of the operation mechanism from the hierarchical "three-level approval system" to the post chief inspector and the "second-level approval system" of the chief inspector,realize procuratorial business leadership in matters of administrative power and judicial power from confusion to exfoliation,what's more,the core is the redistribution of the jurisdiction of belonging,the reform will inevitably involve the content of the related contents of procuratorial business leadership,namely,the attorney general,the procuratorial committee and working groups between powers and power allocation problems.Based on this,it is great significant to define the leadership of procuratorial business,which is related to the success or failure of the reform to a certain extent.At the same time,in the process of reform,it also reveals that the allocation system of business leadership is not sound enough,the condition of the public procurator enrollment is too low,and the legal basis for the public procurator to conduct procuratorial business independently is insufficient,which restricts the actual effect of the reform.Different configuration schemes of procuratorial business leadership determine different reform directions.Therefore,it is necessary to build a procuratorial business leadership system from multiple aspects,such as power allocation,responsibility bearing and system improvement,to guarantee the independence of people's procuratorates in accordance with the law,with the help of successful experiences outside the regions,such as the American,British and French law system and the continental law system.