Research On Establishment Of Procuratorate Of Cross-administrative Divisions

Judicial system once established,its over a period of time will remain relatively stable,it is fundamentally decided that it has conservative and hysteretic characteristics.Only through routine "reform" to "partial" update and coordination can lead to the judicial system to produce more conflict on the whole system and structure.As an important content of the judicial system,it is a prerequisite to ensure the judicial independence and judicial justice to set up the judicial jurisdiction system scientifically and reasonably.As a special judicial power,procuratorial authority should be excluded from local protection,promote judicial justice and protect people’s rights.To exercise procuratorial authority independently according to law,and for the rational allocation of judicial resources,it is very necessary to set up the people’s procuratorate of cross administrative division in our country.Since ancient times there is no lack of precedents about the separation of jurisdiction and administrative divisions in our country.At the beginning of the founding of new China,the procuratorate of trans-provincial administrative division are set up,although being revoked later,but also is the first step of the reform attempt.The existence of any thing that is not without reason,must have the rationality and necessity.The establishment of the cross administrative division’s procuratorate is in the view of the defects existing in the jurisdiction system,which whether or not to play a substantial role in the next reform remains to be seen.At this stage,the reform of Shanghai,Beijing has been put into operation.It is not only inheritance and innovation of the practice,but also faces legal obstacles,mechanism construction,case definition,and many other problems.This paper makes a systematic theoretical analysis and empirical study on the cross administrative division’s procuratorate Settings and related issues.Through in-depth understanding of procuratorial system of the history and reality in our country and foreign countries,the author puts forward problems and claims,and forecasts the prospects of reform.The article is divided into four parts.The first part through the theoretical analysis points out the legal basis of the cross administrative division’s procuratorate,and then through the study of comparative law,comes to the conclusion that the cross administrative jurisdiction’s existence is reasonable through the history of the country and the judicial experience abroad.Combining with the current pilot,the second part introduces the situation of the third Branch of Shanghai People’s Procuratorate and the fourth branch of beijing People’s Procuratorate,and emphatically analyzes the similarities and differences in the aspect of jurisdiction,and points out that the significance of the judicial reform of across administrative division’s procuratorate,which is to restrict the power,to solve the localization of justice,to ensure the independence of procuratorial power and to improve the credibility of the judiciary.The part further demonstrates the feasibility of transformation of the cross administrative division’s procuratorate.The third part of the analysis of the cross administrative division’s procuratorate reform in theory and practice level problems.It includes legislation lags behind,the jurisdiction of unsmooth relationship,the lack of top-level design,the lack of the authority status and organizational system.All the problems cause confusion and difficulties in the practice of reform.According to the situation of our country,the fourth part puts forward ideas about the cross administrative division’s procuratorate,including legal orientation,collaborative exploration,hierarchy establishment,case jurisdiction,etc,and consummates the suggestion from the aspects of top-level design and detail planning,in order to provide some useful inspiration for theory and practice,and to understand the actual operation and the next step of reform trend of the cross administrative division’s procuratorate.