Reform Of Procuratorial Committee For Study

On the basis of using the procuratorial system of former Soviet Union, the system of procuratorial committee is a product connecting with our national conditions, which is the reflection the democracy in the party on the construction of procuratorial system. Its main task is to discuss and decide some important cases and some other significant problems according to the principle of democratic centralism. At the same time, the system of procuratorial committee plays a very important role in against wrong cases and corruption under the circumstances that the procuratorial system has not reached the professional level. However, a number of problems have arisen in the process of procuratorial committee adjusting to the new circumstances. The issues that whether to continue to keep the procuratorial committee or abolish it and how to give it a proper definition have attracted many jurists' attention. The present study adopts the method of empirical analysis. According to our national concrete conditions, the present study systematically expounds on the reform of the procuratorial committee from five aspects: the found of procuratorial committee, the controversies over the law theory of the reform of procuratorial committee, problems conclusion, the value direction and target location of the reform of procuratorial committee.The thesis consists of five chapters.Chapter One is a brief introduction of the found of procuratorial committee. It is the product connecting our national conditions on the basis of using the procuratorial system of former Soviet Union. The system of procuratorial committee experiences the role switching from the chief procurator leading the system of procuratorial committee to the chief procurator chairing it.Chapter Two investigates the controversies over the law theory of the reform of procuratorial committee. There are three different opinions on the reform of procuratorial committee in the fields of theory. There are: abolishment theory, the theory of weakening to advisory service and the theory of reinforcing function. On the basis of analysis of the three theories, the present study thinks that the function of procuratorial committee should be reinforced because the procuratorial committee is favorable for pooling people's idea, creating more highly skilled procuratorial personnel, overcoming corruption, and resisting the pressure from the outside. In addition, the work of procuratorial committee is to discuss important and complicated cases which are not contradictory with the system of chief compliant procurator. Therefore, the function of procuratorial committee should be reinforced.Chapter Three systemically investigates the problems existing in the procuratorial committee. The present study mainly concludes six aspects: firstly, improper system of holding a post of procuratorial committee, and the uneven qualified members; secondly, nonstandard establishment of the organization of procuratorial committee, disunited name and organizations; thirdly, unclear scope of dispute, lacking the standard between important cases and important problems; fourthly, shortage of relevant provision on discussion such as randomly arranging time, and nonstandard procedure. The challenge system could stand some improvement; fifthly, standing orders are lacking of justice, and decision procedure is full of political color, which lacks sufficient discernibility. Besides, there is no clear distinguish rights between standing order and the supervision of National People's Congress; lastly, the action of procuratorial committee does not do well, which is short of strict filing system and information feedback system.Chapter Four mainly expounds on the value direction and target location of the reform of procuratorial committee. The present study thinks that the procuratorial committee should exercise its right dependently. However, in reality, the function of procuratorial committee sometimes intersects with the functions of the party, National People's Congress, and procuratorial organ when the procuratorial committee makes decisions through a democratic process. We think procuratorial committee should be persist in justice and efficiency of the value direction, properly defines the rights between procuratorial committee and some relevant parts in order to avoid unreasonable interference from other irrelated organs. Finally, Chapter Five mainly probes into the direction of the reform procuratorial committee. On the basis of above investigation, the present study thinks that the reform of procuratorial committee should be in the framework of present constitution and law and be in accordance with some other reforms of procuratorial systems. According to our national conditions, we put forward six suggestions to reform procuratorial committee: firstly, amplify the system of holding a post of procuratorial system, and then draw into competitive mechanism and learn training system; secondly, improve the administrative body of procuratorial committee; thirdly, make clearly the scope of discuss official business; fourthly, standardize the procuratorial system's submitting procedure of discuss official business, examination procedure and decision procedure. Amplify open session procedure, expert consulting system, challenge system and so on. Fifthly, improve the procedure of execution and censorship; and establish the system of meeting notes and information feedback system. Finally, improve accountability system of procuratorial system and make sure that the procuratorial system plays a more important role in correctly exercising procuratorial rights. The present study hopes that the above suggestions can be helpful for the reform of the system of procuratorial committee. And then makes sure that the system of procuratorial committee plays a more important role in the new circumstances.