Research On Case Handling Organization Of Procuratorial Organs

The report of the Communist party of China’s 18th National Congress clearly states that it is necessary to further deepen the reform of the judicial system and ensure that the power of prosecution is exercised independently and fairly according to law.As the most basic carrier for the operation of power of prosecution,the organizational reform of the prosecution office has important theoretical and practical significance for independently exercising power of prosecution according to law and enhancing the public credibility of justice of prosecution.Therefore,the way,which is to construct a scientific and orderly prosecutor’s organizations at the institutional level,is the key to optimize the allocation of prosecutor’s functions,justly handle all types of cases,and stabilizing and coordinating prosecutor’s work.Also,this will be a trend to become a "cracking nose" for guiding the reform of prosecution.In the essay,the author will concentrate on discussing and illustrating the organization of prosecution office through searching and arranging the prosecution offices in different countries,different regions,and different periods of China to summarize advanced experience,affirm the reform results,and summarize the existing shortcomings for providing personal opinions on the program of next step of China’s reform and adjustment in prosecution.This article divides four chapters into the research layout.The first chapter illustrates and explains the basic content and theory of the prosecution office.It briefly describes the concept of the prosecution office,and analyzes and distinguishes the concepts between the criminal cases organization and the group of easy confused prosecution organization and the prosecutor’s internal organization to determine the specific reference of studying key criminal cases organization in the essay.On this basis,the essay lists the constituent elements and theoretical basis of the prosecution office.It will continue to detailed introduce the specific contents of the construction of the case-making organization from four aspects:subject,power,business,and judicial liability.And it will analysis the three-point theory to lay the foundation of reforms and theoretical tone by balancing the coordinating the inspections and the integration of prosecution independence,implementing thoroughly the appropriate separation of executive power and judicial power,and the effective realization of the principle of power,responsibilities,and benefits.The second chapter compares and inspects the basic types of case-handling organizations of the prosecution agencies in the main rule of law countries and regions outside the domain.This section conducts a horizontal comparison between the organization and operation of the prosecutor’s office organizations in the countries of the civil law countries,represented by Germany,France,Japan,and Taiwan,and the prosecution offices of the Anglo-American law countries,represented by the United States and the United Kingdom to comprehensive organize three basic forms of organization:prosecutors,team-based,and compound case handling organizations.By analyzing the major factors affecting the organization of different case organizations in the major rule of law countries and regions,the essay has summarized the practical standards and enlightenment for improving the organizational reforms of the prosecution offices in China.The third chapter introduces the traditional form and reform process of the prosecution offices in China,and it makes a type-analysis on different stages of case-handling organization.Looking through all the organization of cases handled by the prosecution agencies in different periods in China.There are four types of prosecution offices:the first is the traditional three-level examination and approval case-handling organization;the second is the chief prosecutor’s case handling organization;the third is the chief prosecutor’s case handling organization;and the fourth is the sole prosecutor and prosecutor case handling team.From these four types of prosecution offices,each type of case-handling organization has historical necessity and rationality of its existence,but,at the same time,it cannot be denied that each type of case-handling organization also has many disadvantages through its apply and practice.Compared with the previous reforms,now the form of the sole prosecutors and prosecutors case teams currently in the process of reform has made outstanding progress,but there are still some blind spots for reform in the separation of investigation rights in the context of the reform of the inspection system.They have combed the legislative strengthening,professional design,case division,management and assessment systems,and personnel relations,and these all needs to get further completed and improvement.The fourth chapter,based on the purpose of this article’s in-depth study,proposes the basic thinking to improve the procuratorial case handling organization in China.At the level of general requirements,we must establish the basic framework for the organization of case-handling operations.Meanwhile,making efforts to improve the organization of case-related legislation on the basis of determining the basic types and power operating principles that should be applied to the case organization reform.At the level of meticulous design of organizational forms,it is necessary to effectively distinguish the nature and standards of cases to achieve a professional division of labor for the organization of case files;to rationally divide the applicable standards of case organizations so that can realize the streamlining and diversion of cases handled by case handling organizations and ensure the orderly connection between the sole prosecutor and the prosecutor’s case handling team;to coordinate well with all levels of organs and personal relationships for achieving the legalization of the prosecution directive.At the design level of ancillary systems,the author suggests to promote and improve internal organizational reforms,post management,personnel classification management and assessment systems,and job security to coordinate and optimize the supporting systems to maximize the potential of prosecutors.