A New Round Of Research On The Reform Of Japanese Committee For The Inquest Of Prosecutio

On May 21 st,2004,the new Law of Committee for the Inquest of Prosecution which has been looked forward to was officially adopted.The new law mainly made a new regulation for the resolution efficacy of the Inquest of Prosecution,prosecution counsel system and legal adviser of Committee for the Inquest of Prosecution system,and made some adjustments to the qualification for the member of Committee for the Inquest of Prosecution,meeting system,penal clause program and other supporting measures.This paper takes three new systems as the research object and mainly perform a theoretical and empirical analysis of the implementation situation of the three systems.By summarizing the main achievements and main problems after the new round of reform,put forward to the development direction and the future prospect of the creative system.the same time,made a contrast to the main differences between the people’s supervisor system and Committee for the Inquest of Prosecution,and by referring to the experience of Japanese new round of reform,put forward to an operable future development path for our country’s people’s supervisor system.Except the introduction and conclusion,there are five parts in this paper,totaling more than 25,000 words.The first part is the historical evolution of the new reform of the Committee for the Inquest of Prosecution.First,the legislative process of the Committee for the Inquest of Prosecution,to clarify the background and historical origin of the system.From the perspective of the vertical division of time,mainly through three critical period : passive introduction period,active exploration period,and rational reference period,and finally by referring to grand jury system,established a Japanese characteristic procuratorial democracy system.Second,the implementation process before the new round of reform of the Committee for the Inquest of Prosecution to clarify the overall operation situation of the system for more than half a century.From the perspective of development evolution,mainly through three important time periods: the adaptation period,the development period and the reform period.However,during the ups and downs of the development process,the implementation effect is not obvious,finally,Start the new round of reform by Judicial reform giving the legal binding force to Committee for the Inquest of Prosecution resolution.The second part is the content of the new round of reform of the Committee for theInquest of Prosecution resolution.First,the causes,constitutive elements and specific procedural mechanism of the mandatory prosecution system.Second,introduced the ways,selection conditions,resumption standard and the salary protection of the prosecution counsel system and legal adviser of Committee for the Inquest of Prosecution system.Third,introduced some other measures of the new round of reform,mainly including meeting system and penal clause program of the Inquest of Prosecution.The third part is the positive effect of the new round of reform.Based on the three comprehensive summary and analysis on the implementation of the three new system,it is concluded that the main achievements of the new round of reform are: mandatory prosecution system is increasing the enthusiasm of people to apply for review,the Inquest of Prosecution’s judgments are becoming more cautious,prosecutors respect the content of resolution paper more.The legal adviser of Committee for the Inquest of Prosecution and the prosecution counsel’s performance feedback is good,the performance is highly motivated,the recommendation procedure is gradually standardized,the compensation mechanism is optimized,and the safeguard measures are gradually improved.In general,accumulated a set of operational and propagable institutional experience.The fourth part is the problems and prospects of the new round of reform.Taking the problem stemming from the specific case and reform data in the third part as the guidance,and taking the mandatory prosecution system as the breakthrough point,mainly analyses the problem of standard of proof of prosecuting,the problem of open examine and open evidence,the problem of right relief of the accused.At the same time,by clarifying the internal relation between the different system of the new round of reform,puts forward tp the future direction of Japanese Committee for the Inquest of Prosecution should be: firmly hold that the exercise of the right prosecution can reflect public opinion,Prompt other system’s systematic perfect based on continuously detailed mandatory prosecution system.The fifth part is the referential significance of the new round of reform to people’s supervisor system.This paper compared the difference between China and Japan based on introducing the background,premise and basis of the reform of people’s supervisor system.Through the valuable experience gained in the new round of reform in Japan,five reform proposals are highlighted: First,return the limited function of supervising Prosecutorial Discretion.Second,strengthen the resolution effectiveness of people’s supervisors;Third,improve the examine procedures of people’s supervisors;Fourth,reform the selection andmanagement of people’s supervisors;Fifth,accelerate the legislative pace of people’s supervisor system.