A Study On The Disciplinary System Of Prosecutors

Since the Eighteenth National Congress of the Party,with the continuous revision of the national legal system,the continuous improvement of the national productivity level,and the deepening of the judicial system,it is necessary to establish a scientific,reasonable and perfect prosecutor punishment system,which is an important link in the reform of the judicial system,and has gained national support.Support has opened a new door for the reform of the disciplinary system of prosecutors in China.On July 22,2016,the Central Committee deliberated and adopted Opinions on the Establishment of a Disciplinary System for Judges and Prosecutors(Trial Implementation).In October of the same year,the "Opinions on the Establishment of a Disciplinary System for Judges and Prosecutors(Trial Implementation)" was promulgated by the "Two High Commissioners".The promulgation of these documents indicates that the disciplinary system for prosecutors in China will soon be better completed.Goodness and improvement.Throughout the history,the punishment system for prosecutors in China has been revised many times in various aspects,and the punishment system for prosecutors has gradually formed.The existence of prosecutors is for the realization of legal fairness and justice,so that the people can feel fairness and justice in every judicial case.In exercising the state pro-curatorial power,prosecutors must regulate their rights and make them run on the legal track.Otherwise,the rights and interests of the people will not be protected properly and the credibility of the judiciary will be difficult to improve.The Code of Professional Ethics of Public Prosecutors clearly stipulates that the main contents of the professional ethics of public prosecutors can be summarized as "loyalty,serving the people,responsibility,impartiality and honesty".If the acts of public prosecutors violate the above contents,their image can not be well established in front of the people.Therefore,under the system of judicial reform,perfecting the prosecutor's punishment system is the proper meaning of the judicial responsibility system,the inevitable requirement of maintaining the legal order,and the only way for the progress of the national legal cause.This article is divided into 3 parts and 5 chapters.The three parts are: the overview of the prosecutor's punishment system and the necessity of its establishment;the problems existing in the prosecutor's punishment system in China and the comparative study of the prosecutor's punishment system between China and the West;and some ideas for improving the prosecutor's punishment system in China.Each part is divided into chapters to carry out specific links.The historical evolution of the disciplinary system of prosecutors.Firstly,this paper makes an analysis and summary of the historical development of the prosecutor's punishment system in our country.Our country has had a precedent of punishing the judicial officials who fail to perform their duties long ago.The system of prosecutor punishment in New China originated in the 1990 s and issued a series of normative documents,which constituted the basic framework of prosecutor punishment system in China.Since the Eighteenth National Congress of the Party,with the continuous revision of the national legal system,the continuous improvement of the national productivity level,and the deepening of the judicial system,it is necessary to establish a scientific,reasonable and perfect prosecutor punishment system,which is an important link in the reform of the judicial system,and has gained national support.Support has opened a new door for the reform of the disciplinary system of prosecutors in China.Through the analysis of the historical development of the prosecutor's punishment system in China,the content of the prosecutor's punishment system in China can be summarized as the following three aspects: the punishment of wrong cases,the punishment of violating legal duties and the punishment of violating the prosecutor's professional ethics.Then explain the prosecutor's responsibility,prosecutor's punishment and prosecutor's punishment system,and finally summarize the connotation of prosecutor's punishment system.The prosecutor's punishment system refers to the prosecutor who should do it for violating the requirements of legal duties,or violating the prosecutor's moral code of conduct or other violations of law and regulations.The system of punishment.A reasonable and complete punishment system for prosecutors should have the following elements: subject of punishment,object of punishment,cause of punishment,procedure of punishment and measures of punishment."The necessity of establishing a disciplinary system for prosecutors".From the aspects of decentralization and restriction theory and procedural legitimacy theory,this paper shows the theoretical basis of the establishment of prosecutor's punishment system in our country.The idea of decentralization and restriction are two cornerstones of the political structure of modern country ruled by law,which provides a scientific theoretical basis for the effective exercise of state power.The concept of procedural legitimacy is to establish prosecutor's punishment.The important theoretical basis of the ring system.Then it puts forward the necessity of establishing the prosecutor's punishment system.The necessity of establishing the prosecutor's punishment system lies in the necessity of the Professionalization Construction of the prosecutor.The professionalization of prosecutors is the objective requirement of realizing the authority of law and making the people realize fairness and justice in every judicial case.The purpose of establishing the punishment system for prosecutors is to promote the prosecutors to exercise their functions and powers according to law and to implement the responsibility system of prosecutors in handling cases,and to better guarantee the people's protectorates to exercise their pro-curatorial powers independently and impartially according to law and to enhance the credibility of the judiciary.The problems existing in the prosecutor's punishment system in our country mainly lie in the subject of punishment,the measures and procedures of punishment and the subject of punishment.On the top of disciplinary matters,there is a lack of punishment for prosecutors' violations of professional ethics,that is,the lack of punishment for prosecutors' immoral and uncivilized acts;on the subject of punishment,there is a lack of fairness and neutrality,which fails to break the internal organizational model of pro-curatorial organs;and on disciplinary measures,it is mainly relatively closed.Internal disciplinary procedure,that is,internal personnel of pro-curatorial organs punish them,highlighting their administrative dependence,fairness and justice can not be implemented;in the disciplinary procedure,the disciplinary procedure is too simplistic,mainly by internal personnel to punish prosecutors.The comparison of the disciplinary system between Chinese and Western prosecutors is first of all the three models of disciplinary punishment by prosecutors.