The Study On The Procurators’ Responsibility System In The Background Of Judicial Reform

The paper analysed the main problems of reform of responsibility system of the Procurator’s handling cases on the basis of interpreting the related theories and reviewing the modes and experience abroad,and put forward the basic views of reforming and improving responsibility system of the Procurator’s handling cases.The first chapter set forth the basic concept,and analysed the basic legal principal of responsibility system of the Procurator ’ s handling cases,concluded the particular meaning of implementing the responsibility system of the Procurator’s handling cases on emphasizing judicial nature,optimizing the allocation of the power of Procuratorate and enhancing the level of the quality of handling cases.The second chapter concluded the experience of the responsibility system of the continental law system,the common law system,the HongKong Special Administrative Region and Taiwan region.The third chapter analysed the main problems of reform of responsibility system f the Procurator’s handling cases in our country by the example s of the practice and exploration of the People’s Procuratorate of Chang Ping District,such as the dual-track approach being further improved,management malpractice not solving yet,elitism of procurator having a long way to go,the mechanism of Procaratorate occupation guarantee not perfect yet and the career development of the people outside of the procurator team not clear.The last chapter emphasized the basic views of further improving responsibility system of the Procurator’s handling cases.First,there are some important aspacts to improve for the reform of responsibility system of the Procurator’s handling cases.In the first place,clear the allocation of the power and the duty.The authorization level of the power should be descended by the different divisions of public prosecution,supervision of investigation and duty crime of investigation.The investigation power should be performed by the the team of the procurators,and appoint a domain procurator to take resonsility.According to the rule of the different powers of procuratorate,grant procurators different powers.Comparatively speaking,in the exercising powers of the examining and approving arrest and public prosecution,more independent power should be granted to the appointed procurator.Besides some cases that have important impacts or some important procedural questions should be determined by general procurator,other cases or matters can be determined by the procurators.In the second place,scientific case-handling organization.The organization carrier to achieve the procurator responsibility systemis to structure scientific case-handling organization.It ’ s necessary to establish organizational form and post order that satisfy the feature of procuratorate.In the third place,normative working mechanism.We should identify different working procedure and standard of different judicial official,issue file compilation of regulatory operations that contains various working system,make certain that the operation of procuratorial power can be easily found and that some important links of it can be reserved in a written form.Besides,we should improve performance appraisal system.Fourth,effective supervision system.As for this,we should first improve internal surveillance.Internal surveillance contains restriction of procuratorial committee,restriction among different links of case-handling,restriction from internal case-handling organizations and so on.It’s important to complete surveillance of case management department,head of department,the people’s procuratorates at higher levels and supervision branch.Then,we should improve external surveillance.This contains opening procuratorial affairs,participation of lawyers and the people supervisors,as well as establishing appropriate case-handling system with external surveillance,about which we can get some experience from the prosecutors case evaluation system of Tai Wan.Establishing procurator files about law enforcement which contains law enforcement condition of procurators,performance appraisal about procurators and the condition of procurators to accept supervision are also necessary.Fifth,clear-cut assignment of responsibility.Put lifelong responsibility system for case-handling quality and wrong case responsibility investigation system into practice.According to the degree of severity of the responsibility,we can divide case-handling responsibilities into different levels such as judicial defects,faults,violations of law and discipline and so on,and identify different standards of responsibility and accountability measures.The accountability procedures must also possess legitimacy,prosecutors should be given the right to dissent and relief to fully protect the legal rights of accountable prosecutors.Second,associated institution protection mechanisms should be established.First of all to do is to improve selecting management mechanism.Introduction of the prosecutor posts system is not only a problem of preparation of prosecutors,but also an important part to promote prosecutor specialization,professionalism and elitist.Director of Prosecutor should be of the elite of the prosecutors and of course can have access to posts,but other prosecutors should also have the opportunity to enter the posts if they subject to conditions.Second,we should further improve the performance appraisal system to stimulate.Third,consummate the safeguard mechanism.The key to save problem is to establish scientific and reasonable career security system and implement the strategy of incremental reform.In order to guarantee the relative independence of prosecutors and let them take corresponding responsibility,we should establish reasonable career security system to balance their power and liability and guarantee prosecutors can live a life with more dignity,so they can reject various interference and tempt from common life.