An Empirical Study On The System Of Procurator General Attending The Trial Committee Of The People’s Court

In the current process of judicial system reform in China,the procurator general’s attendance at the trial committee system of the people’s Court(hereinafter referred to as "the attendance system")is one of the key points of reform,is one of the entry points for the procuratorial organs to implement the legal supervision responsibilities and improve the modernization of inspection work,and is an important attempt to explore a variety of ways of trial supervision in China.The system of attending as a nonvoting delegate is helpful to discover,study and solve the new problems in the judicial practice in the changeable society in time,to ensure that the procuratorial organs fulfill the constitutional empowerment,and to Strengthen cooperation and constraints between the people’s courts and the people’s prosecutors’ courts,Together,improve the quality and efficiency of cases and promote justice.Although the system has been established for more than 50 years,it only stays at the level of principle for a long time.In 2010,the Supreme People’s court and the Supreme People’s Procuratorate jointly issued the implementation opinions on the chief procurator of the people’s Procuratorate attending the meeting of the trial committee of the people’s Court(hereinafter referred to as the Implementation Opinions)for nearly ten years.In the past ten years,courts and procuratorates at all levels across the country have actively implemented policies and carried out non voting work.However,in substance,compared to the previous policy provisions,although the commentary contains detailed provisions on the subjects,scope,functions and procedures of non-voting participants,non-voting meetings,guarantees regarding conference services,etc.These provisions still have a strong principled nature in general.Many problems remain in the practical functioning of the system due to a lack of knowledge of the functions of the system,the biased design of the legal provisions and the vagueness of specific procedures.On the one hand,these problems limit the full realization of the Procuratorate’s legal supervision power to some extent.On the other hand,they restrict the role of the system of non voting in promoting the fair trial of the people’s court.In view of this,based on the practice of five people’s Court judicial committees at the two levels of Y City in recent five years and the practice of procurators and other non voting personnel of the people’s Procuratorate,this paper conducts on-the-spot investigation and discussion,analyzes the problems existing in the non voting system in combination with the trial experience of the members of the judicial committee and relevant laws,A number of proposals have been made to resolve the problem in the context of judicial interpretation.This paper is based on three elements:The first part is an introduction that describes the context and significance of the study,underlines the necessity and merits of the study of the current situation in our country and lays the groundwork for further drafting.The second part introduces the problems of the sample court attendance system and analyzes the problems.This part of writing is mainly based on the practice analysis of five courts in Y City in the past two years,combined with the existing research in other regions,to find problems.Since 2018,The Attorney General of the Supreme People’s Procuratoral played a leading role in local judicial practice by participating for the first time in the Judicial Commission of the Supreme People’s Court.The people’s Court of Y City also actively responded to the call.The presence of the Attorney General and the number of cases continue to increase,and the problems in practice are even more acute.The author gathered information as part of a field investigation and had direct contact with staff in both rooms,and summarized the main problems in the specific attendance system: the function orientation of the attendance system is not clear;the scope of the attendants There are generalization phenomenon in the surrounding area;the starting way of non voting is not clear;the scope of non voting cases is not standardized;the participation way and degree of non voting are beyond the authority.The third part is based on the analysis of the problems found in the investigation,In light of the current state of our judicial practice,it has been proposed,as a result,first,the function of a non-voting system be defined as legal control.Second,it is a matter of strictly limiting the number of people without a vote.Third,clarify the starting mode of non voting participants.Fourth,we need to improve the scope of non voting cases.Fifthly,clarify the way and degree of participation of the attorney general in different stages of attending the sessions of the Commission.