An Empirical Research On “The Responsibility System Of Chief Prosecutors For Handling The Case” Reform

The "triple examination and approval system" working mode in China’s procuratorial organs has been widely reviled for a long time. With the undertaker prosecutors having no discretion in specific cases, the "setter, not reviewer" phenomenon lead prosecutors to low working enthusiasm, low working efficiency, and unclear responsibility, influencing the optimal operation of procuratorial authority. To enhance the judicial attribute of procuratorial authority operation, build an elite, professional prosecutor team, and to implement the judicial responsibility, since 2013, the Supreme People’s Procuratorate has conducted “the Responsibility System of Chief Prosecutors for Handling the Case” reform at selected pilot provinces in nationwide. Based on this, this paper analyzes this reform in several pilot procuratorates, to find existing problems in the operation of “the Responsibility System of Chief Prosecutors for Handling the Case” in practice, so as to seek corresponding solutions to promote the optimal operation of procuratorial authority.The paper consists of 4 parts with 30,000 words approximately.The first part discusses the meaning of “the Responsibility System of Chief Prosecutors for Handling the Case” for optimizing the prosecutorial power operation. The responsibility system has important theoretical and practical significance. Theoretically, it is conducive to the realization of the procuratorial independence principle, the improvement of litigation efficiency, and is in accordance with the requirement of litigation law. Practically, the system helps to improve prosecutor’s working efficiency, professional quality, and to implement the judicial responsibility.The second part is the empirical research on “the Responsibility System of Chief Prosecutors for Handling the Case”. This paper selects the people’s procuratorate in F city and S district in F city,located in the eastern coastal areas, the people’s procuratorate of S city,located in the central area of our country, and the people’s procuratorate of Y district of C city,in the western part as samples. After an overall inspection of the case-handling organization construction and authorization in these pilots, this paper makes a specific inspection of the operation of the criminal procuratorial power,duty crime detection power and litigation supervision power under this responsibility system. From the investigation, “the Responsibility System of Chief Prosecutors for Handling the Case” promotes the overall optimization operation of the procuratorial authority.The third part is reflections on the “the Responsibility System of Chief Prosecutors for Handling the Case”.On the basis of a summary of the pilots above, this part summarizes four reflections. First one is that the relationship between the procuratorial integration and the procuratorial independence should be rationalized. At present, there is still a tendency to attach too much importance to procuratorial integration. The second is that the final trend of “the Responsibility System of Chief Prosecutors for Handling the Case” should be “the Responsibility System of Prosecutors for Handling the Case”.The third one is that under the chief prosecutor should prosecutor not be set,otherwise it will lead to extra hierarchy.The fourth is that the selection oft qualified prosecutors should be steadily promoted in case of brain drain.The fourth part puts forward certain ideas to perfect “the Responsibility System of Chief Prosecutors for Handling the Case”.First is to improve legislation to confirm the prosecutor’s qualification of handling case independently so that it can provide legal foundation for further promotion of the reform. In the meantime,the responsibility range of prosecutors should be specified in current reform that the chief prosecutors only direct supervision power to members in the group.The second is to build a reasonable procuratorial internal operation mechanism.Building reasonable structure mode of prosecutorial power operation to highlight the subject status of the chief prosecutor, and implement the responsibilities for handling cases; Building reasonable procuratorial relationship operation mode to handle the relationship between the chief prosecutor and other prosecutorial power exercisers; Building a scientific and reasonable procuratorial authority operation mode, audit system of chief prosecutor for criminal procuratorial power, responsibility system of chief prosecutor for duty crime detection power and collegial system of chief prosecutor for litigation supervision power.The third is to strengthen the professional guarantee of prosecutors, to build a separate prosecutor position sequence, to improve and implement the prosecutor’s professional treatment.The fourth is to adhere to the principle of accountability unity, strengthening the supervision of chief prosecutor.