Research On Chief Prosecutor System Construction

The clearly put forward the party's 18,deepen the reform of the judicial system,need to adhere to the Chinese characteristic,ensure that the judicial and procuratorial organs exercise adjudicative and procuratorial powers independently.Highest inspection in the procuratorial work during the period of the 12 th five-year plan and programme of the also explicitly proposed that to establish a right and clear,mutual cooperation,mutual restrict,efficient operation of a new working structure.The prosecutor,director of the system is of the prosecuting attorney(the prosecutor)to the further development of the system,has its profound legal basis,compared with before prosecuting attorney and director of the prosecutor system in its own way,not only ensure the relatively independent in the process of main body to deal with the case,but also greatly improve the efficiency of working.From all around the practice of the pilot,especially in the typical area of north wide,director of the prosecutor system has its advantages,such as practice,realize the security administration,how to implement the prosecutors and the classification of the administrative personnel management,the chief prosecutor of the functions and responsibilities clearly defined.Of course the system problems also nots allow to ignore,such as understanding of the nature of the prosecutor,director of the system is not accurate;Prosecutors,director of the system of judicial practice and legal recognition is a certain gap between;Director of prosecutorial power is conflict between demand and responsibility consciousness;Prosecutors,director of the system construction and the practice operation process of unreasonable and owe specification,etc.Throughout the country (region),the chief prosecutor system legislation and practice will be chief prosecutor as a completely independent institutions,equipped with independent team,have the right to decide specific cases,Japan,South Korea,and China's Taiwan region,director of the prosecutor system to our country the construction of the system are also provided,which can be used for reference,such as giving prosecutors,director of the right to dissent,insist on handling the independence of the prosecutor,director of the strict selection mechanism of the prosecutor,standardization of procuratorial organs internal power running track.In general,the idea of the system,we can from the prosecutor,director of the qualifications,duties of authority and responsibility,and post security this paper expounds the four aspects.