Research On Function Allocation Of Grass-roots Procuratorate

The18th National Congress of the Communist Party of China (CPC) mention thetask to deepen the reform of the judicial system of China as well as to improve judicialsystem of socialism with Chinese characteristics. Procuratorial reform shall, subject toleadership of CPC and relevant laws, get deeper gradually as the step of judicial reform.Procuratorial function refers to, during the legal supervision, responsibilities thatprocuratorial organs take and functions it achieves. The procuratorial function includescriminal investigation function, arrest approval function, proceeding function, proceedingsupervision function and enforcement function. Thus, the sound operation of procuratorialpower is up to the rationality of allocation of these functions, which is also the key forsuccess of procuratorial reform. Meanwhile, to achieve optimal allocation of procuratorialfunction, self-supervision may be enhanced, legal supervision function of procuratorialorgans shall be strengthened, the current procuratorial management mode shall bereformed, so that the status of prosecutor as subject of law enforcement can be moreprominent.At present, with the continuous improvement of legal construction in China, theallocation of procuratorial function in China also gets optimal gradually. However a seriesof issues still exist, such as the overlapping of proceeding function and proceedingsupervision function, overlapping of case handling function and case managementfunction and overlapping of procuratorial function and judicial administration function.Procuratorial organs of Hubei Province, in combination with personal status, throughcontinuous judicial practice, explored a mode that achieving internal optimization ofprocuratorial function by integration of grass-roots procuratorial organs, which gave fullplay to the efficiency of procuratorial integration and improved the efficiency and qualityof case handling. However there are still some problems, such as confusion in theory,shortcoming in system and inadequacy in guarantee.In this paper the author, starting from research on status of procuratorial functionallocation in China, in the light of idea and mode related to procuratorial functionallocation of foreign countries, form the perspective of pilot reform of integration of part grass-roots procuratorate of Hubei Province, endeavor to bring forward the reform routine“Highlighting one subject, achieving three refactoring” for internal integration ofgrass-roots procuratorial organs, basic principles to be obeyed and some specificmechanism to be conducted for function optimal allocation, with an aim to making upshortcomings in current function allocation of grass-roots procuratorial organs, and alsobring up some countermeasures and suggestions for function allocation of grass-rootsprocuratorial organs in China.