Public Prosecution System Reform In China

System of public prosecution is a kind of legal system used to prosecute crimes. As the development of the society, different genealogies of law infiltrate with each other and mutually-developed under the influence of economic globalization and information networking. Public prosecution is one of the symbolic functions of procuratorate; it is an important part of legal supervision and holds an important post in the procurator work; it embodies the procuratorate's level and image of law enforcement. Reform of public prosecution is to improve and develop the fundamental functions of procuratorate. This reform should be the guide and focus of the overall procurator reform. With the improvement of the system of public prosecution, the other procurator organs could also be reformed through the reform of public prosecution. At present, there are some in-depth contradictions and problems in the public prosecution work. For example:the relationship between procuratorate and police office could not be well coordinate; public prosecution doesn't give enough guidance to reconnoiter; there is no guarantee to the suggestive measurement of penalty; there is no overall practice of the criminal policy that severity tempered with gentleness; there is a lack of flexibility in the public prosecution work, etc.. The problems mentioned above have already become obstacles that constrain the development of China's system of public prosecution; they are also important problems that should be researched and solved in the judicial practice. After a close observation of the foreign country's system of public prosecution, to enhance the system of public procurator prosecution, to enhance the uniqueness of procurator organs, to enhance the integrate of the procurator organs, to enhance the freedom of procurator's measurement, to enhance the constraint of public prosecution toward the trail have become the direction and measures of the reform of public prosecution in countries like Britain, America, France, etc.The author thinks that the reform of public prosecution should respect and conform to the basic principles and requirements of international criminal legislation; it should start from China's reality and the key point is to improve China's system of public prosecution. At present, there are lots of theoretical researches and judicial practices in the reform of public prosecution. To research and explore the reform of China's system of public prosecution not only helps to promote the development of China's public prosecution system, but also helps to advance the process of reform of China's procurator system. It has great practical meaning in the improvement of procurator organ's level of law enforcement, in the cracking down on crimes and in the promotion of setting up a harmonious society. The aim of China's reform of public prosecution system is to set up a modern public prosecution system with Chinese characteristics, the core content is justice and efficiency. To set up and perfect public prosecution system, it should conform to the developmental trend of modern public prosecution system; take into consideration China's national conditions; pay attention to the legalization of theory and practicability of practice. The reform of China's public prosecution system should follow the following principles:the reform of the public prosecution system should be focused on justice and efficiency, at the same time, take into consideration the allocation of procurator power in the judicial system; stick to the principle that incorporate things of diverse nature, absorb civilized results and outcomes from China and foreign country's judicial system while pay attention to China's actual conditions; put up overall reform plan on public prosecution system from the view of overall procurator reform, avoid excessive flexibility and freedom, promote system innovation and provide environment for the reform of public prosecution system.Aimed at the problems existed in China's public prosecution system, the author thinks that it could be reformed form the following aspects:to practice the main suit procurator responsibility system, this system is helpful in improving the efficiency of handling a case, in provoking the related procurator's enthusiasm and initiative; it can enhance the main suit procurator's sense of responsibility; it can free the department chief and chief procurator from the examine of the detailed cases. To practice the system of public prosecution lead reconnoiter which conforms to the features and requirements of procurator activity; corresponds to the law of judicial. In practice, this measure is welcomed by the public security organs. The public security organs get in touch with public prosecution organs to ask for appointed-guides in order to distinguish between guilty and not guilty in the process of investigation of cases. The time used to communicate with each other moved up compared with earlier times. The public procurator get involved in the case, know the details of a case, make the pre-court preparation more sufficient. To practice the system of suggestive measurement of penalty which can help to make the content of measurement of penalty come into the open by the procurator's freedom in measuring penalty. It can prevent the procurator from manipulate surreptitiously, can constrain the freedom of procurator's measure of penalty. To practice the system of delayed prosecution and the system of criminal compromise can help the procurator take different actions towards individual situations. It can help the criminals shun evil and do good, which agrees with the requirement of educational penalty. It can help to shorten the time for lawsuit and save lawsuit resources by drop a lawsuit at the beginning in those minor crimes, which helps the judicial organs put their energy into those sever criminals that threatening the nation's safety, threatening the stability of the society, threatening the safety of public mass. It can improve the quality of lawsuit and the efficiency of lawsuit and it also conforms to the spirit of China's criminal judicial policy—severity tempered with gentleness.