Research On The Functional Orientation And Development Path Of Stationed Procuratorate Under The Background Of Supervision System Reform

The stationing of procuratorial offices at the grass-roots level is a grass-roots procuratorial system that arose after the reform and opening-up,when procuratorial offices were set up in some areas to meet the needs of economic and social development and grass-roots work,it was set up to solve the contradictions and disputes brought about by economic development and reform at the grass-roots level,as well as to prevent and detect criminal offences.It was established with success in the pilot areas and subsequently replicated in all regions of the country.But its development is not plain sailing either,experienced the establishment,the development,the stagnation,the rebirth four stages.This paper discusses the related problems in the development of the grass-roots prosecutor's office.In December 1989,the Supreme People's Procuratorate promulgated the Regulations on the work of people's procuratorates in townships(towns)(for trial implementation)and the regulations on the work of grass-roots procuratorates in 1993,to its development has carried on the legal level the norm and the instruction,has promoted its promotion and the development in the national scope.During the 1993 reform of county and township organs,the prosecutor's office once stagnated and suffered a cold winter;in October 2010,the Supreme People's Procuratorate issued the guiding opinions on further strengthening and standardizing the extension of legal supervision tentacles of procuratorial organs to promote the sinking of procuratorial power,which made the development of procuratorial offices usher in a spring.However,the good times did not last long.In 2018,the Constitution was amended and the Organic Law of the Supervisory Commission was promulgated,which redefined the procuratorial organ in the Constitution,adjusted the establishment and powers of the People's Procuratorate,and removed the anti-corruption function of the procuratorial organ,the function of the procuratorial organ has been greatly adjusted,so the function of the grass-roots procuratorial office as the grass-roots dispatched organ of the procuratorial organ should also be reoriented.This paper is divided into six parts.The first part is the introduction,discusses the basic theory of the grass-roots prosecutor's office,including the background,research significance,research status and research methods at home and abroad.First of all,it must be made clear that in the context of the reform of the State supervision system and the proposal of the Fourth Plenary Session of the 19th Central Committee to improve the socialist governance system with Chinese characteristics,the reconstruction of the procuratorial office is of great significance,and it should be discussed and studied,help to improve the grass-roots political power,the construction of grass-roots governance system.Secondly,from the double dimensions of perfecting the procuratorial system and revitalizing the countryside,this paper discusses the significance of the reform of the procuratorial office.At last,the author sorts out and generalizes the domestic and foreign scholars'viewpoints,and uses various research methods to refine new viewpoints and ideas.The second part is an overview of the resident procuratorates,including the concept of the resident procuratorates,the nature of the power,the background,the evolution.First of all,this chapter defines the concept of resident procuratorates,clarifies the nature of their rights,and clarifies the status of their grass-roots legal supervision institutions.Secondly,it discusses how the Resident Prosecutor's office comes into being and its development process,which has experienced four stages of establishment,development,stagnation and rebirth.The third part discusses the present situation of the resident procuratorates in the new era,and points out that the resident procuratorates have some problems such as inaccurate nature and inadequate function.Finally,the reasons for the problems in the resident procuratorates are analyzed in depth,and it is pointed out that the resident procuratorates are deficient in many aspects,such as the lack of professional staff,no special funds,imperfect legislation,imperfect system,etc..The fourth part discusses the necessity and value of the presence of the procuratorates.First of all,the academic community on the grass-roots stationed in the office of the existence and abolition of the argument.Secondly,it affirms the necessity of the presence of the procuratorates,that is,the necessity of supervision of the grass-roots state organs and the necessity of optimizing the function system of the procuratorates themselves.Finally,it discusses the legal value and social value of the grass-roots procuratorates as the grass-roots judicial organs:the posting of the procuratorates is an extension of the procuratorial organs,with the value of preventing crime,punishing crime with justice and promoting social harmony with order,at the same time,we can deduce its social value in the grass-roots social governance by constructing the social order through the procuratorial office.The fifth part discusses the new era of supervision system reform in the background of the post-office functions and development path.From four angles of perfecting system design,strengthening existing function,establishing on-line examination room,building "intelligent examination" platform and constructing basic-level administration system.First of all,we must eliminate the obstacles in the system of the procuratorates,and strengthen the legislation to balance the regional allocation and improve the organizational construction.Secondly,in the context of the reform of the supervision system,we should strengthen the public interest litigation and legal supervision functions of the procuratorates,and strengthen the prevention and control of minor criminal cases.Finally,we should establish the relationship between the reform of resident procuratorates and the reform of rural revitalization and supervision system,reshape the system of resident procuratorates,help grass-roots social governance,and commit ourselves to building a multi-governance system at the grass-roots level.The last part is the conclusion.In the context of the reform of the supervision system,the procuratorial office is struggling,facing the separation of its functions as well as huge challenges for its own development,the development and function of the procuratorates are restricted by the unclear legal provisions and the unclear function orientation.Therefore,it is urgent to explore the measures to deal with the reform,to explore its function to better serve the construction of the rule of law in the grass-roots society,and to let the strategy of ruling the country by law penetrate deeply into the grass-roots society.From the perspective of the function of grass-roots judiciary,this paper probes into the problems related to the construction of grass-roots procuratorates from the aspects of the convenience and co-governance of social governance,and aims at exploring the functions and innovations of grass-roots procuratorates,hope to improve the ability of grass-roots social governance for rural revitalization to provide an important reference and reference.