The Theory Of The Prosecutors Disciplinary System

Prosecutors disciplinary system is the sum of the set of rules about what institutions to give any punishment on prosecutors in accordance with the conditions for violating the law responsibilities,or because of violation of the professional discipline or professional ethics.Complete prosecutors disciplinary system should be composed of disciplinary subject,disciplinary object,disciplinary basis,disciplinary causes,disciplinary procedure and disciplinary methods.The whole thesis is divided into three parts.First of all,on the basisi of the definition and analysis of posecutors responsibility,disciplinary action against prosecutors,prosecutors immunity,pro it gives an academic definition of Prosecutors disciplinary system,at the same time investigates the relationship of prosecutors disciplinary system,and the nature of prosecutorial power and procuratorial system,and gives a comparative study of prosecutors disciplinary system and procuratorial judicial responsibility system.In the light of the procuratorial legal attributes,it is necessary to build stand-alone disciplinary system of public procurators which differs from ordinary civil servant service system and judge disciplinary system.The characteristics of procuratorial system in a country have significant impact on the construction of prosecutors disciplinary system,especially the choice of disciplinary subject.And There exsit differences between judicial accountability system for procurators and procurator disciplinary system in reason,objective and responsibility content of system construction.The procurator disciplinary system is of crucial importance to regulate the exercise of procuratorial authority,enhance the security of procurators when performing their functions and promote the birth of the occupational group of procurators.What is emphasized is not just position requirement,but occupational demand.Secondly,this thesis gives a profound analysis on the legislation and practice situations of prosecutors disciplinary system.Procuratorial organs in our country is positioned as the legal supervision organ,like an administrative organ,the organization and structure of its power having the characteristic of bureaucracy.As a result,there is a certain practical legitimacy in the old prosecutors disciplinary punishment system in our country,but there more exsit system defects in the disciplinary object and disciplinary procedure which mainly reflected as internality,fuzziness,local,regional protectionism etc.There also exist problems on disciplinary basis,disciplinary causes and disciplinary approaches.In addition,the flaws of system level obviously affect the practice,the practice of prosecutors disciplinary system is mainly associated with misjudged cases,and a lot of violation of professional ethics is ignored.What's more,it analyzes and evaluates the new prosecutors disciplinary system in the current judicial reform.Its punishment scope is very limited,still focusing too much on responsibility for wrong convictions.There is little breakthrough in disciplinary procedures and procuratorial organs still play a leading role.Although the judicial reform makes a breakthrough in the main body of disciplinary punishment,obviously the new disciplinary committee has limited power and its team composition is lack of democracy and expertise.Finally,it comes up with some proposals to improve China's prosecutors disciplinary system.Based on the experience of construction and reform of prosecutors disciplinary system,to improve prosecutors disciplinary system in China,the concept of power restriction is still the most significant theory.It's essential to keep a certain power of procuratorial organ,and at the same time put forth effort to improve the authority of prosecutors disciplinary commitee,realizing the effective cohesion of prosecutors disciplinary system and state supervision system reform.Furthermore,it's also important to improve the clues reporting and investigation procedure and take the right guarantee of the prosecutors being investigated.What's more,on the disciplinary basis,it's vital to realize the unity of the prosecutor disciplinary legislation and to speed up the prosecutors professional ethics construction in our country.On the disciplinary proceedings,it's crucial to establish the procedural standard to judge whether procuratorial malpractice really exsits,and pay much attention to the punishment against unethical behavior;Still,it's necessary to establish a hierarchical system of disciplinary measures.