Research On The Reform Of Procuratorial Organs Handling Cases Under The Background Of Post System

In the new round of judicial system reform,the scientific construction and operation of case handling organization of procuratorial organs has become an important aspect to ensure the independent and fair exercise of procuratorial power according to law.In recent years,local procuratorial organs have gradually explored the reform of case handling organizations,striving to build a case handling subject who can independently exercise power and assume responsibility.In view of the drawbacks of the traditional three-level examination and approval system in procuratorial organs,the procuratorial organs have to deal with the malpractices of the case handling organizations under the traditional three-level examination and approval system,a series of reforms have been carried out,including the organization of the chief prosecutor and the organization of the chief prosecutor.These reform ideas are to give the prosecutor a certain case handling power and decision-making power,so as to gradually highlight the main position of the prosecutor,and strengthen the corresponding responsibility of the prosecutor.However,due to various reasons,the number of prosecutors at that time was large and their quality was uneven.Objectively speaking,there are some people in the whole team who do not have the ability to handle cases independently.In addition,the lack of supporting mechanisms such as talent selection and treatment guarantee has failed to achieve the desired effect.In 2015,the Supreme People’s Procuratorate proposed to build a new type of case handling organization with the prosecutor as the core,implement two basic forms: the independent prosecutor and the prosecutor’s case handling team,and constantly improve the procuratorial responsibility system in handling cases,so that "Whoever handles a case is responsible for it,and who decides who is responsible.".The organic law of the procuratorate,revised in October2018,clearly implements the responsibility system for prosecutors to handle cases,and the two basic forms of handling cases were again clearly defined.The new type of case handling organization is built with the prosecutor with independent case handling ability as the core,which puts forward the requirements of elitism,specialization and professionalization for the team of prosecutors.In the face of the new situation and new requirements,since 2015,the procecutors office has successively implemented the specified number of personnel reform for prosecutors.After strict selection,prosecutors with the proportion of less than 39%were appointed,and all of them were assigned to the front line of handling cases according to the requirements.The team of prosecutors was simplified,and the number of personal prosecutor’s independent post sequence was formed,gradually improving the number of The relevant mechanism of personal prosecutor’s political and economic treatment guarantee provides conditions for further promoting the reform of case handling organization.However,the specific number of personnel is just the beginning of the reform.How to make full use of the conditions provided by the specific number of personnel reform to promote the reform of case handling organization,how to build a new type of case handling organization with post prosecutors as the core,how to ensure the independent exercise of procuratorial power and other issues need to be considered and explored in depth.Based on the long-term practice of procuratorial work,the author takes the organizational independence of prosecutors office as the perspective to carry out the organizational reform of Prosecutors Office in the context of specified number of personnel.The research is carried out in four parts:The first part is an overview of the independence of prosecutors office.In this part,it introduces the concept of Prosecutors Office case handling organization and the meaning of its independence,and expounds the necessity and relativity of the independence of Prosecutors Office case handling organization.The second part introduces the practice and exploration of the independence reform of prosecutors office.First of all,this paper introduces the reform of China’s procuratorial organs’ traditional three-level organization for examining and approving cases,chief procurators’ organization for handling cases,and chief procurators’ organization for handling cases.It analyzes and summarizes the experience and gains and losses in the realization of independent prosecution.Next,taking the exploration and practice of the reform of case handling organization carried out by prosecutors office in a city as the research sample,this paper introduces the details of the reform of the independence of case handling organization under the background of specified number of personnel,and analyzes the problems existing in the reform.The third part is the theoretical analysis of the organizational reform of Prosecutors Office in the context of specific number of personnel.This paper analyzes the conditions provided by the reform of specific number of personnel for the independence reform of Prosecutors Office,and expounds the relationship between procuratorial integration and independent exercise of procuratorial power according to law,as well as the requirements for case handling organizations,and analyzes the direction of the reform of the independence of the Organization of handling a case.The fourth part puts forward the path choice of improving the independence of the procuratorial organization under the background of post system.This paper puts forward specific ideas and path selection from the reconstruction of the main body of the procuratorial organ’s case handling organization,structural design,power allocation,operation mechanism and so on.In this paper,from the perspective of the independence of the case handling organization,after studying the reform of the case handling organization of Prosecutors Office,we pay attention to the effective connection between the reform of the case handling organization of prosecutors office and the reform of the prosecutor’s specified number of personnel,and make full use of the implementation of the prosecutor’s specified number of With the favorable conditions brought by personnel,we should scientifically and reasonably promote the construction and operation of case handling organizations,and strive to ensure the independent and fair exercise of procuratorial power in accordance with the law.