Research On The Reform Of Specified-number-of-prosecutor’ Accountability

The operation of procuratorial power needs to realize the unity of power and responsibility.In the new operating mechanism of procuratorial power,emphasizing the rational allocation of power and the effective assumption of responsibility is the key to the good operation of the system.In essence,the reform of the prosecutor’s case-handling responsibility system is to start with the responsibility standard and adjust the basic problems of "people,rights and interests" in procuratorial activities.After the reform of the staff quota system,great breakthroughs have been made in the classified management of public procurators in our country.Post prosecutors enjoy the legal subject status in judicial cases and accordingly become the main body of the system of responsibility for investigating misjudged cases and the system of lifelong responsibility for the quality of handling cases.To ensure that the subject of handling cases exercises procuratorial power independently and impartially,the implementation of the post system of responsibility for handling cases has become the core content of procuratorial reform.With the continuous improvement of the system and pilot operation,the post-based prosecutor case-handling responsibility system has made great achievements in the reform,but there are still many problems,so it is of great significance to conduct an in-depth study on the post-based prosecutor case-handling responsibility system.The first part mainly summarizes the background,historical evolution,connotation definition system value of the reform of the accountability system of post procurators.In the context of the reform,the post procurator responsibility system is not only conceived in the top-level design of the reform of the judicial responsibility system but also derived from the practical needs of the reasonable operation of procuratorial power.In history,the accountability system of procurators experienced the transition from the chief prosecutor system to the chief prosecutor system and then developed to the current reform of the post procurators system.In terms of the content of the reform,the paper summarizes the content of the responsibility system of the post procurators from the aspects of a theoretical basis and system provisions and compares and demonstrates the connection and difference among judicial responsibility,behavior responsibility,and the result to responsibility.In terms of system value,the accountability system of post procurators is an important measure to implement the requirement of unified handling of cases,improve the operation mechanism of procuratorial power,and enhance judicial credibility.The second part makes a comparative study towards the relevant systems of the foreign law system and summarizes the enlightenment to China’s reform.Although the accountability system of post procurators is a typical "Chinese-style" problem,it is of great significance to study the independence of procurators and the operating mechanism of procuratorial power in the countries and regions of the two law systems.In this paper,the author makes a comparative study on the independence of procurators and the operating mechanism of procuratorial power in Germany and Japan,Taiwan province,and some countries of the Anglo-American law system.In the enlightenment of reform,the author compares and summarizes the enlightenment meaning of three aspects: a clear definition of the nature of responsibility,a clear distinction of the subject of responsibility,and an implementation of the supervision and guarantee mechanism.The third part analyzes the operation status of the case handling responsibility system of post procurators and the contradictions and problems they face.On the analysis of the operation status,this paper mainly investigates the operation status of some procuratorates in H province since the implementation of the reform of the responsibility system for handling cases by prosecutors and expounds in detail its provisions and practices in the aspects of the post system reform,the reform of the responsibility system for handling cases by prosecutors,and the reform of internal organs.In this thesis,the author analyzes the system contradiction and the problems in practice.First,the current reform in the system improvement is faced with the traditional result accountability theory and clear definition of the nature of handling a case is not clear,the system design to handle a case power and handling a case responsibility is not balanced,the responsibility content and the accountability standard are vague and responsibility finally bears the conflict;Secondly,in the current reform,there are some problems in practice,such as unbalanced staffing of procurators,unscientific allocation of internal functions and powers of procurators,unclear division of functions and responsibilities of joint meetings of procurators and procurators,and insufficient guarantee mechanism of relevant supporting reforms.The fourth part is the suggestions on the reform direction and improvement path of the post-based prosecutor case-handling system.To solve the problems of poor operation and insufficient practice of the reform of the case-handling responsibility system for prosecutors in the current post system,it is also necessary to deepen the reform from two aspects of system design and practice path.In the direction of reform and development,we should clarify the nature of case-handling responsibility,implement the independent subject status of case-handling prosecutors,and clarify the legal boundaries of the content of case-handling responsibility.In the path of practice and improvement,given the problems existing in the reform of the case-handling responsibility system of post-based prosecutors,we should highlight the subject status of post prosecutors in handling cases and clarify the establishment of functions and powers at all levels within the procuratorial system.We will improve the procuratorial committee system and the joint meeting system of prosecutors,and establish relevant reform measures and guarantee mechanisms.