- Long Zongzhi
Duqiu, the Japanese film continued investigation, and finally exposing shady prosecutors of justice. By the famous Japanese actor Ken Takakura plays the However, the Duqiu image of a class of the Prosecutor shall have a system support, given that the Japanese judicial system fully with the Prosecutor's investigation, prosecution authority, in this context that they can become all-powerful champion of justice.
author is in the However, from the practical work of the prosecutors feel that China will soon not the case - they must not Duqiu decision as the ability of the case. They must be set to investigate the leadership of the Ministry of cases filed from the decision to arrest a suspect case to the prosecution, they are just a case of Director, Attorney General and the Review Committee. Because the prosecution's case-handling system provides very clear: case the unity of criminal prosecution, but because it has
As China's criminal justice system to The primary prosecution, began to cultivate high-quality expert prosecutor, while giving them greater authority and responsibility; the other hand, the difficulties faced by the prosecution's Procuratorate also forced the prosecution to the prosecution department for appropriately. Operations in the Procuratorate, the prosecution's task of a large amount of work tired, difficult, heavy responsibility, demanding, such as the improper advancement, increase power, improve the treatment, the prosecution will be less attractive, especially not attract a higher quality of prosecution personnel engaged in this work (there was a Procuratorate, in competition, two-way choice only one application to the Prosecution Section, is the courtyard of a forensic understanding of the original, because do not want to deal with the dead all day, looking for a This so-called Thus, the main responsibility Prosecutors handling the case can be said to practice the needs, so it should be said has strong vitality. Chief Prosecutor handling the case
responsibility, is a reconfiguration of prosecutorial power, the implementation of the key is In the current trial, provisions of laws and prosecution by the Attorney to be determined by the Committee as not to sue, protest and other matters, they have proposed powers. Prosecution department heads to change the general administrative coordinator, the case supervisor and the quality of the person in charge of administrative affairs, dealing with business issues in the case no longer has the instructions on the Chief Prosecutor right. On the basis of summing up experiences, the Supreme People's Procuratorate have decided that from next year, Chief Prosecutor in the national implementation of case-handling responsibility. The implementation of this system could make China the first line of the emergence of a criminal justice
Officer system shaped by the chief complaint of Judicial activities, is based on the evidence in this case on the basis of the facts and the law applicable to the activities of the decision. To determine the nature of this activity is characterized by direct and personal experience based. Personal experience that requires judicial procedures, direct review the facts, to accurately grasp the facts of the case. This activity must be individualized. This highlights the characteristics of the individual operating activities in the court proceedings. Such as the Public Prosecutor, the burden of proof in court cross-examination and debate, including the right of public prosecution in the court to take various actions within the scope of acts can only be an individual of the operation. Therefore, the prosecutor in obedience to superior orders should have a certain degree of independence the same time, the exercise of prosecutorial power should be relatively independent of the body, such as the Prosecutor orders from superiors instructions completely become independent activities with no power in the business activities of civil servants in cautious to run counter to the internal law prosecutions.
practice is the criterion for testing truth, the past year pilot complained of public prosecutors proved accountability: the implementation of this system can make the most of the issues resolved in the prosecution indictment line to reduce the handling part, to save judicial resources, improve efficiency of handling cases; it clear the prosecutor handling the responsibility, the general case when the case goes wrong is the board to pay the first Chief Prosecutor, that kind of responsibility is difficult to investigate fuzzy decentralized, accountability is difficult to handle cases implementation problems to be overcome to some extent; it enhances the quality of prosecutors handling the spirit of awareness and responsibility to improve the quality of public prosecution, adapted to the Reform of Criminal Procedure to strengthen the judicial needs of the Public Prosecution Function; it encourages prosecutors to improve their own quality, to achieve prosecution activities of professional or expert, and by improving the image of the Prosecutor of the Tribunal, will help improve the credibility of the prosecution.
, of course, we do not deny that the trial process in this system, there are still problems. Not strict in some places, Chief Prosecutor of the selection can not be satisfactory. In some places, Responsibility of the investigators and because not mature yet to explore and run, supporting the rights and responsibilities is not quite reasonable, especially the configuration measures can not keep, safeguard mechanisms are inadequate, positive effect on the system have caused it to play large limits. Solve these problems requires us to further advance and improve this reform. As Chief Prosecutor has the legal responsibility and practice of handling the dual rationality, I believe in the future will further demonstrate its positive effect.
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