Study On The Standardized Use Of Discretionary Power Of Grassroots Procurators

Justice,as the most basic and solid line of defense for maintaining social equality,justice and fairness,also maintains the balance of public interests.With the continuous advancement of the construction of the rule of law in China,more and more cases and judicial work have been supervised and paid attention to by the society,especially in cases where the scope of discretion is relatively large in judicial practice,and the main body of case handling,grassroots procurators,as legal public officials closest to the masses and closely related to the people’s livelihood and interests,their active,effective and reasonable exercise of discretion in handling cases not only reflects "individual justice",but also enhances the public recognition of the judiciary and strengthens the moral foundation of procuratorial case handling.It is conducive to public supervision of the judiciary.In order to better provide high-quality legal products for the society and the public,government departments urgently need to study how to regulate the exercise of grassroots procurators’ discretion,adopt practical countermeasures and suggestions,and build a plan for the standardized use of grassroots procurators’ discretion,so that the exercise of procurators’ discretion can achieve greater social benefits,and then improve the quality and level of government services.The main research work of this paper is as follows:(1)Construct a theoretical analysis framework for grassroots prosecutors’ discretion.Comprehensively use public management theories such as new public management theory,street bureaucracy theory,discretion and public choice theory,combined with the actual work,comprehensively consider the necessity,characteristics and dimensions of the exercise of discretion of grassroots procurators,and construct a theoretical analysis framework,under which in-depth research is carried out.(2)Conduct research and analysis on the current situation of the exercise of the discretionary power of procurators of the Shinan District People’s Procuratorate.Combined with the specific situation of the Shinan District Procuratorate,the case analysis method,interview method,observation method and other methods are adopted to understand the current situation and existing problems of the exercise of the discretion of the procurator of the Shinan District People’s Procuratorate,the main problems include insufficient precise control,unscientific organization and team building,arbitrary individual selection,and imperfect restraint mechanism.Obtain first-hand information through the interview method,encode,summarize,and refine the interview data,analyze the influencing factors of the exercise of discretion by basic-level procurators,comprehensively consider systems,organizational management,individuals themselves,supervision,and other aspects,and study the reasons for problems in the standardized exercise of discretion by basic-level procurators.(3)Countermeasures and suggestions for the standardized use of discretionary power by grassroots procurators.Unify reference standards,establish a case guidance system,and improve institutional safeguards;Transform the management mode,innovate the approval method,optimize the evaluation system,and improve the organization and management mode;Strengthen the guidance of professional concepts,improve the access mechanism,improve the quality of personnel,and strengthen team building;Improve internal and external supervision and realize the improvement of the supervision system.Provide a healthier and more standardized case-handling environment and professional security for grassroots procurators,and provide reference for the government’s standardized use of grassroots procurators’ discretion.