On The System Of The Chief Procurator

Nowadays,the principle of "procuratorial integration" is widely practiced in all countries（regions),and China is no exception.Procuratorial organs in China continue to use the administrative examination and approval,collective responsibility as the main content of the working mechanism,namely the collective exercise procuratorial authority by way of internal layers of examination and approval,and then by the procuratorial organs assume collective responsibility for handling.Under this operation mechanism,the whole procuratorial organ will form the organizational system under the upper and lower life,and will be placed in the bottom of the vertical line of administrative management as the procurator of the procuratorial power.The disadvantages of this mechanism in the new round of judicial reform under the background of growing:one is the directness and factualism has violated the judicial activities,the formation of"reviewer indeterminate,not careful" cycle of,difficult to guarantee the correctness of the decision and legal behavior;The second is to weaken the initiative and sense of responsibility of the prosecutor,so that it can rely on the superior,to follow the trend of the following,and to do so,in the case of difficult and complicated cases,to draw the discussion and decision of the inspection committee.Third,it wastes the judicial resources,reduces the efficiency of the litigation,and makes the cases go through the examination and approval matters,and the level is too much.The fourth is to blur the responsibility of handling cases,making the responsibility of the wrongful cases difficult to distinguish and pursue because of the responsibility of the group.Therefore,to highlight the judicial property of the prosecutor,to achieve the relative independence of the prosecutor,to improve the efficiency of the case and the level of law enforcement,the establishment of the director of the public prosecutor system is imperative.In addition to the introduction and conclusion,the main body parts are divided into four chapters.· The first chapter mainly from the prosecutor’s basic concept,discusses the legal basis of the analysis,to define the concept of the chief prosecutor,demonstrates the chief prosecutor is the objective request of the law of justice,is to ensure that the needs of the independent prosecutor,is the reform direction of flating management.· The second chapter discusses the practice and reform of the pilot system.First reviews the development course of prosecutors case responsibility system in our country,then analyses the chief prosecutor pilot system is presented with the practice of system running the plight of people less pressure,collective decision-making,fuzzy,responsibility dispersion,etc.,finally the overall analysis of the current situation of the pilot reform.· The third chapter examines the extraterritorial states and the Taiwan district attorney system.By countries such as Germany,Japan,Anglo-American law system and the study of Taiwan prosecutors power,other countries and regions are given the prosecutor independence can see the decision,pay more and more attention to the prosecutor independence.· The fourth chapter discusses the perfection of the director’s public prosecutor system and the construction of ideal mode.In the legislative aspect,the authority of responsibility and the procuratorial power operation mechanism,the inspection personnel classification management,the supervision and restriction mechanism and the talent troop construction aspect.On the system model building flattened,intensive,specialization,director of the prosecutor system core architecture,build system of prosecutors,director of the right protection mechanism and selection mechanism,its clear under the responsibility and authority of the attorney and other international prosecutors,director of the division,finally attain the goal of reform.