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China’s Procuratorial Committee System

Author: ZhuHuiMin
Tutor: XiaoJinMing
School: Shandong University
Course: Legal
Keywords: Procuratorial system Procuratorial committee The decisionSystem reform
CLC: D926.3
Type: Master's thesis
Year: 2012
Downloads: 55
Quote: 0
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Abstract


Procuratorial committee system of socialism with Chinese characteristics is an important part of procuratorial system, belonging to the procuratorial system of China’s leadership and decision-making system category, takes on the job of macroscopical guidance, business major difficult cases decision-making, internal supervision of three functions. China’s procuratorial committee system originated in Shandong during the war of resistance against Japan, after the founding of new China, our country procuratorial committee system is based on the Chinese political system and political power structure, traditional culture and psychological factors, the procuratorial organ’s development status of foundation and conditions of the establishment of, and experience newly established, establishment, development, reform and perfect the four restoration development period. The four stages of development through the core problem is decision-making way change and the range of variation, while the procuratorial committee procedure has continued to improve. Procuratorial committee system reflects the balance of power, supervision and the guarantee of human rights value, contains the concept of Democratic Centralism by procuratorial independence of procuratorial integration and the fundamental principle of the procuratorial power. The scope and procedures set up, is the procuratorial committee system to run the basic elements, the scope of Procuratorial Committee authority and responsibility, from the Procuratorial Committee since its establishment, the procuratorial committee’s scope has undergone continuous change and development, gradually clear and operable, procuratorial committee rules constructed from the topics mentioned, review, preparation, discussion, decision, decided to implement, such as a set of decision under the decision-making procedures, for the procuratorial committee decision-making to provide a strong guarantee program, effectively meet the procuratorial committee decision-making needs. Procuratorial committee functions is to test the procuratorial committee system effect is an important carrier and way. Although the four prosecution of procuratorial committee macroscopical guidance, case decision, internal supervision functions in varying degrees, but all of the procuratorial work of the development and the perfection of the prosecutorial system played an important role, from the practice situation, procuratorial committee deliberation and decision quality is relatively high, the probability of occurrence of misjudged case is relatively small. Procuratorial committee to ensure the operation and function of procuratorial committee members, basically is suitable for the current situation. At the same time, the procuratorial committee offices, but also for the Procuratorial Committee for normal operation and function, plays an important role in. Overall, the procuratorial committee system in the world wide implementation of responsibility system in the foundation, has opened up a new prosecution leadership decision-making model, has certain rationality and legitimacy, proved to be a successful system. Practical operation of abuses and disadvantages, both system design factors, more is the system implementation issues. Therefore, the further reform and improvement of procuratorial committee system is a path that, based on China’s procuratorial system, serious summary of procuratorial committee practice experience, draw lessons from foreign procuratorial decision mechanism on the basis of successful practice, ceaseless and perfect relevant legislation and regulations, a heavy settlement procuratorial committee to run medium outstanding issue, focusing on improving the Procuratorial Committee decision making ability, quality of decision-making, decision-making level, give full play to the Committee for the scientific development of procuratorial work and improve the function of procuratorial system. The path is clear:one is the function positioning of the procuratorial committee, the Committee as a business the decision-making mechanism, this important position decides its function is authoritative, professional and multiplicity. Clear the procuratorial committee functions, its focus is to clarify whether the procuratorial committee has the power, it is the procuratorial committee power configuration, to play the role of the premise and foundation of. Based on the nature and position of the procuratorial committee, procuratorial committee functions should be leadership, guidance, supervision, evaluation and other functions of the complex. Two is to optimize the procuratorial committee in the operation of power relations. Main group and the Procuratorial Committee procurator procuratorial committee, and, the procuratorial committee and the prosecutors and three pairs of relationships, leading Party group of procuratorial committee to carry out ideological, political and organizational leadership, the committee is party to the business leadership and judicial organization form, both have clear boundaries, cannot replace each other. The attorney has the administrative leadership and business decision making of double identity, its easy and procuratorial committee business decision conflict, it should be taken to attorney general administrative and operational matters apart, and a well-defined attorney business decisions, thereby clearing and procuratorial committee between the conflict of functions. Procuratorial Committee procurator (Deputy Attorney General) role conflict and the dominant position can be established through alternately system, clear speech order, no divisions mechanism to solve, ensure the effective implementation of democratic centralism. Procuratorial committee business decisions, do not accord with justice law, is not conducive to the independence of procurator case, ought to draw lessons from the Taiwan area of our country procuratorial power instruction right theory, the clear division of the prosecutor and the procuratorial committee instruction right content and limits, and further enhance the public prosecutor independence. Three is to optimize the Procuratorial Committee Organization structure. Personnel structure optimization is the procuratorial committee functions play a fundamental factor, which affects the whole procedure quality and efficiency should be strictly members from elective conditions and procedures, execute Committee appointment and evaluation system, the gradual abolition of members for life, establish a dynamic management mechanism, strengthen the member qualification of members of the training in four aspects optimization. Related to this is to strengthen the construction of the procuratorial committee offices. Four is to improve procuratorial committee operation mode. Under the current system, motion and procedure shall be two issues are completely separated, then on this basis, the model and decision model are constructed, give full play to the role of procuratorial committee "procedure " and " judge " function, the function can maintain the current administrative conference system, judge should carry out the limited judicial hearing system, in order to make it more consistent with the laws of justice, to ensure the unity of the legal system and judicial justice. Five is to improve the operation of the procuratorial committee system. The effective operation of the procuratorial committee is inseparable from the supporting system construction. Focusing on the procuratorial committee power operation this crucial link, should focus on improving the challenge system, attendance system, responsibility system and procedures for review, to ensure the normal operation and the functional role of the procuratorial committee into full play

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CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate
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