Research On Internal Control And Supervision Mechanism Of Procuratorial Organs

The internal control and supervision mechanism of the procuratorial organ refers to a set of working systems that supervise the performance of the procuratorial authority and the observance of laws and disciplines by the procuratorial system from within the procuratorial system,and is an effective guarantee for the operation of the procuratorial power.With the deepening of judicial reforms such as the integration of arrest and prosecution,the procuratorial business has ushered in new developments.Procuratorial organs should fully consider the current status of the operation of procuratorial powers and strengthen their internal control and supervision mechanisms.In addition to the preface and conclusion,this article is divided into four parts:The first part,the basic overview of the internal restriction and supervision mechanism of the procuratorial organs.The dual attributes of the legal supervision organ and the judicial organ determine the necessity of establishing the internal restriction and supervision mechanism of the procuratorial organ;the characteristics of stronger professionalism and timeliness determine the feasibility of the implementation of the internal restriction and supervision mechanism of the procuratorial organ.With the deepening of various reforms,procuratorial organs should fully examine the new changes in the operation of procuratorial powers and the new situation of procuratorial reform,so as to form a new pattern of systematic and comprehensive internal control and supervision.The second part,the development process and implementation status of the internal restriction and supervision mechanism of the procuratorial organs.Since the restoration and reconstruction of the procuratorial organ in 1978,its internal control and supervision mechanism has gone through a development process of exploration,initial establishment,basic completion,and continuous improvement.The internal restraint and supervision mechanism of the procuratorial organs has achieved initial results,and the basic requirements and implementation norms of restraint and supervision have been continuously refined;the supervision of the people’s procuratorates of lower levels by the people’s procuratorate at a higher level and the supervision of the chief prosecutor of the prosecutors have been continuously strengthened;the supervision of case management,procuratorial inspectors,etc.The working mechanism has been continuously optimized;the criss-cross pattern of internal control and supervision has been formed.The third part examines the problems of the internal restriction and supervision mechanism of the procuratorial organs.The "chronic illness" that restricts the supervision mechanism within the procuratorial organs is the main reason that affects the effect of supervision.These problems are mainly manifested in the slow acquisition of information by the people’s procuratorate at the higher level and the ineffective supervision;the internal interests of the people’s procuratorate at the same level are intertwined and the supervision is weak;the selection procedures and rules of procedure of the procuratorial committee are unreasonable,and the supervision role is not obvious;the case management initiative is insufficient,the level of case process monitoring needs to be improved,and the quality evaluation standards need to be refined;the reverse restriction and supervision mechanism for procuratorial leading cadres needs to be established.After the reform of the integration of arrest and prosecution,the internal control and supervision mechanism of the procuratorial organs has developed a "new disease",which is manifested in that the difficulty of internal control and supervision has increased and the procedures have been reduced.The fourth part,the perfect approach of the internal restriction and supervision mechanism of the procuratorial organs.Procuratorial organs urgently need to improve the internal control and supervision mechanism that is compatible with the operation of procuratorial power.The specific ideas include:first,optimize the working methods of internal supervision and control of procuratorial organs,and strengthen supervision by expanding the channels for higher-level people’s procuratorates to obtain information on the performance of lower-level people’s procuratorates effect;improve the quality of supervision by strengthening the cooperation and cooperation between the supervision functional departments;activate the supervision function by promoting the reform of the organizational structure and procedure of the procuratorial committee;enhance the vitality of supervision by creating a new pattern of case management and refining the case quality evaluation mechanism.Second,innovate the internal control and supervision method under the background of the integration of arrest and prosecution,build a control and supervision mechanism within the prosecutor’s case handling team,implement the system of simultaneous recording and video recording of prosecution and defense negotiation in plea guilty plea cases under the integration of arrest and prosecution model,adjust the program of the prosecutor’s performance appraisal system,Strengthen the judicial responsibility determination and accountability mechanism for prosecutors.Third,establish a reverse restriction and supervision mechanism for procuratorial leading cadres,improve the internal supervision and guarantee system of procuratorial organs,clarify the supervisory powers of leading cadres,realize the traces of the whole process of supervision,and promote the disclosure of procuratorial decision-making information.