Chinese Prosecutors System

At present, China is building civilization governed by law, advancing the judicial reform. The 15th National Congress of the Communist Party of China put forward the general plan of running a country in accordance with the law, while the 16th National Congress of Communist Party of China has realized being fair with justice in the whole society clearly. In the current judicial system, including the system of procuratorial work, corresponding adjustment and reforms carried out, in the hope of setting up a kind of procuratorial work system in conformity with socialist market economy, are very urgent and essential, In the process of the reform of the procuratorial system, a corresponding system to regulate its subject, the procurators, is of earnest expectation. Any good system, only when persons serving it are best, could be in its best state for people are the decisive factor in the practice and operation of each system. In this respect, to achieve judicial fairness and justice, a scientific and consummate procuratorial work system with its own features should be set up so as to guarantee a highly professional team of procurators, who will apply law justly and perform its duty faithfully. This paper proceeds with basic theoretical question of public procurator's system, combining relevant theory practices both at home and abroad, within nine chapters. It expounds the significance of public procurator professionalism, independent exercise of procuratorial power, professional ethics and selection of public procurators. What's more, it analyzes the defects and drawbacks existing in the present public procurator's system of our country, and proposes essential plan and theoretical framework to the innovation, reform and development of public procurator's system in China.Chapter one is the outline of public procurator's system. Personally I think, what is called public procurator's system is a general name of the legal system that the country implements scientific management to the public procurators, including public procurator selection and appointment, rewards and punishments, examining and training, its duty, authority, professional ethics, and job guarantee, etc. On the basis of the introduction to and introspection of historical evolution to public procurator's system of our country, it points out that Chinese public procurator's system has a series of problems such as the executive and regional administration of the administration of public procurators, procurators' lacking of professional knowledge, imperfectness of the procurators' Guarantee system and so on. Finally, it defines the ultimate goal of reformation of public procurator system is to establish the guiding principles in China on the premise that "the whole society realizes fairness and justice under the socialist judicial system".Chapter two is about principle of independent exercise of the procuratorial power,which is the primary principle of the use of the procuratorial power in accordance with the law, and which is the basic principle of the establishment and development of modern procuratorial work system. The special characteristics of the judicature and executive of the procuratoral power demand inevitably the procuratoral independence in our country. I think, on the premise of insisting on the leadership of the communist party and the supervision of the National People's Congress, the coordination of the relations between "integration of procuratorial work " and the relative independence of the public procurators are of primary importance for the full exercise of its power (power to supervise). Meanwhile, this chapter also analyzes the problems in the process of independent exercise of its power in accordance with the law, and puts forward the perspective ideas to construct the system of independent exercise of procuratorial power.Chapter three is about public procurators' professional construction. Public procurators' professional construction is the inevitable request for implementing the general plan of running a country in accordance with the law...