The Research On The Prosecutor-selecting System

Prosecutor-selecting system, is the important content of a country's judicial system. This paper firstly makes a theoretical analysis on prosecutor-selecting system,then combining with the current running status of the prosecutor-selecting system in our country, investigating overseas prosecutor-selecting experience, exploring the problem of our nation ' s prosecutor-selecting system in practice. In the end, the article puts forward the improving suggestions for our prosecutor-selecting system based on problems that has been found in practice.The paper is divided into six chapters with about thirty thousand words totally.The first chapter: an overview of the prosecutor-selecting system. The particularity of prosecutor occupation puts forward higher requirements for the quality of the practitioners. Selecting competent public prosecutors is the subject foundation of a country's prosecutorial system, not only relating to effective exercise of a country's prosecutorial power, but also relating to the establishment of a country's judicial authority and the realization of a country's judicial justice. The prosecutor-selecting system in our country, from nonexistence to pass into existence,has been in dynamic process of gradually improving.The second chapter: the existing problem of our country's prosecutor-selecting system in the actual operation. The prosecutor-selecting system in our country mainly includes two aspects: the selection of newly appointed prosecutors and the hierarchical selection on prosecutors.Our country's selection of newly appointed prosecutors exposes two major problems in practice. One is that Our country's selection of newly appointed prosecutors requires a low level of qualification. The other is that the procedural of our selection of newly appointed prosecutors is confused with the recruitment procedural of civil servants. Our country's hierarchical selection on prosecutors mainly exists three aspects of shortcomings. First of all, the hierarchical selection on prosecutors sets unreasonable qualification conditions. In the second place, the way of the hierarchical selection on prosecutors needs to be improved. Thirdly, the hierarchical selection on prosecutors easily lead to the brain drain of the excellent public prosecutors in the grassroots People ' s Procurator ate.The third chapter: the summary of experience on prosecutor-selecting abroad. It is the advanced experience of the prosecutor-selecting in Britain and the United Statesas the representative of the common law countries, in France and Germany as the representative of the civil law countries, and in Japan as the mixed legal system countries?regions?, and in Taiwan area of our country, that this chapter investigates. The prosecutor-selecting system in foreign countries and regions has both common characteristics, such as higher requirements for the prosecutor candidates' education background, age, professional qualifications, judicial practice experience and the like.But they also have some differences. The prosecutors in Britain and the United States are selected from senior lawyers, while in France, Germany, and other typical civil law countries (regions), in Japan and Taiwan area of our country, the prosecutors are mostly selected from the qualified candidates who have already passed the national judicial exam and undergone the specialized training of the judiciary.The forth chapter: the specific study of the qualification requirements of the prosecutor-selecting system in our country. The qualification requirements of our country's selection of newly appointed prosecutors include both positive and negative aspects. The occupational qualifications for newly appointed prosecutors in our country are relatively lower than in modern law-and-order countries, especially in terms of professional knowledge of law and legal professional experience. It should be considered to draw lessons from prosecutor-selecting experience of foreign countries and regions to perfect the qualification requirements of our country's selection of newly appointed prosecutors, in both static and dynamic aspects. On the basis of the specific practice of our country's hierarchical selection on prosecutors in recent years, the qualification requirements of the hierarchical selection on prosecutors generally include three aspects: basic requirements, special requirements and negative qualifications.The fifth chapter: suggestions on perfecting the prosecutor-selecting system in our country. In view of the existence of the shortcomings in the methods and procedures of our country's prosecutor-selecting system, it's very important to reform the prosecutor-selecting examination, change the practice of using examination as the single form of prosecutor-selection, make the prosecutor-selecting affairs known to the public, establish disagreement review system of the prosecutor-selection. In addition, combined with the specific practice in the new round of judicial reform, it's useful to establish the system of prosecutor-selecting committee in our country, as well as the system of selecting the prosecutors from lawyers and legal experts, in order to enrich and perfect our country's prosecutor-selecting mechanism.The sixth chapter: suggestions on perfecting the supporting mechanisms of our country's prosecutor-selecting system. The perfection of the supporting mechanisms of prosecutor-selecting system has a stake in the good operation of the prosecutor-selecting system in our country. Specifically speaking, to improve the supporting mechanisms of our country's prosecutor-selecting system, it's significant to establish the classified management system of the officers working at the procuratorial organs, establish a specialized sequence of public prosecutor posts, and improve the occupational security system of the prosecutors.