Research On Case Responsibility System Of Procurator In Our Country

In recent years, because of the prosecutors case responsibility system in our country had problems in practice, it has been praised by theory and practice of the earnest attention and research. Based on people’s expectations and requirements of judicial, prosecutors case responsibility system needs according to the requirement of exercising the rule of judicial operation and procuratorial reform.Reform is necessary from many defects existing in the current prosecutor case responsibility system in our country. Specifically, including the principal position of the prosecutor not clear, prosecutors exercise their functions and powers is not clear,the prosecutor handling mechanism is not scientific, prosecutors candidate system is not standard and so on. The main reason is because there is conflict between the current laws and regulations, prosecutors have contradiction between identity orientation and independently exercise their functions and powers, the procuratorial organs themselves in the position in power system is relatively weak, and emphasize the procuratorial integration, failed to realise that the procuratorial judicial functions,etc.Therefore, in the current emphasis on responsibility, respect the judicial independence, authority under the background of judicial reform, expand prosecutors suggested the following reform of the current case responsibility system: first, in accordance with the requirements of judicial reform, based on reality, cautious reform,both "top-level design" and "touch stone across the river," the guiding ideology,perfecting the relevant laws, for the prosecutor accountability for foundation; Second,in the process of implement the prosecutors case responsibility must carry through the principle of the right duty benefit unifies, realizes the power and responsibility, the organic integration of interests, to promote the prosecutor working enthusiasm and sense of responsibility; Third, must clarify the subject status of the prosecutor, give prosecutors case of independence, of the procuratorial personnel shall practise a system of classified management; Fourth, the reasonable construction of procuratorial organ of power system operation, it includes both to elements such as attorney general,examination committee and prosecutors, the procuratorial organs internal power system implement reasonable configuration, also want to relations with other departments of the external power of procuratorial organ to carry on the reasonableconfiguration; Fifth, must improve the power, position, identity, including the prosecutors office income and job security system, education, the prosecutors let prosecutors class have no trouble back at home, safeguard the dignity of work; Finally,also must consider other perfect supporting system, such as the prosecutors case responsibility system of supervision and restriction system also requires scientific design, this kind of supervision includes both internal supervision of procuratorial organs, including external supervision. Prosecutors also must reform the current selection mechanism, build a elite team of prosecutors.