(Abstract)
With gradual development of the judicial reform,new measures for the procuratorial reform have been developed constantly every year. The reform has become animportant part of the procuratorial work. Generally speaking,the procuratorial reform has made some achievements,increased transparency of the procuratorial work,improved the procuratorial system,accumulated experiences and created conditions for further reform. Meanwhile,the reform practices also reveal someissues worthy of further studying.
Firstly,we shall see the main progress of the procuratorial reform. Accordingto the Report of the 15th People’s Congress Conference,the overall objective of the procuratorial reform is to improve the socialist procuratorial system with Chinese characteristics and to guarantee independent and fair exercise of the procuratorial power by procuratorial organs. After active exploration in the pastyears,the procuratorial reform has made obvious progress and improved implementation of procuratorial works,which mainly include open procuratorial works increased transparency,implementation of the main procurator accountability system greatly improved efficiency and quality,improvement of the procuratorial committee system promoted standardization and fairness of the decision makingprocedures of the procuratorial committee,establishment of expert consulting system promoted scientific and democratic decision making for the procuratorial works,the reform of the procuratorial organs made it more reasonable,the personnel system reform of the procuratorial organs improved the personnel affairesmanagement.
With regard to the main procurator accountability system,it has been carriedout in the procuratorial sector after trial and experiences summarization. On awhole,the system works well,although with many problems. The current focus ishow to further push forward the system,which during the process three aspect shall be addressed—adequate decentralization,establishment of incentive systemand improvement of monitoring and supervising system. In relation to the systemofopen procuratorial works,it plays important role in improving transparency of the procuratorial works and protection of rights of the parties involved in a case. Yet there are some problems which include some procuratorial organsdo not strictly carry out the ‘Ten Open Affairs’ stipulated by the People’s Supreme Procuratoraters,the misunderstanding of the system lead to disclosure ofsome secrets to the public. At the moment,three aspects shall be stressed— stickingto the system of informing the defendants of their rights,serious implementation of the ‘Ten Open Affairs’ and adoption of different forms for open procuratorial works. In view of the reform of the procuratorial committee system,the presentemphasizes are to regulate the works of procuratorial committee,formulate rulesand make decisions based on a fixed procures. In addition,the reforms of theexpert consulting committee,the procuratorial organs and the personnel system shall be pushed forward with development.
Of course,the procuratorial reform and the revision of the Organic Law for People’s Procuratorate still face many problems. The development the procuratorial reform inevitably involves the core issues—leadership system,functions andpowers,etc. The solving of these issues must revise the Organic Law for People’sProcuratorate,reasonably establish the leadership system of the procuratorialorgans,identify and allocate powers of the procuratorial organs,adjust relationship between the procuratorial organs and other judicial organs.
The revision of the Organic Law of the People’s Procuratorate involves 3 majorissues. Firstly,the leadership system;the outstanding problem is that the dualleadership system of procuratorate organs practiced at the moment easily leads to local protectionism. Thus how to improve the leadership system of procuratorate organs has become hot topic both in legal academic circle and in judicial circle. Secondly,the functions and powers of the procuratorate organs;with the development of the situations,the current Organic Law of the People’s Procuratorate can not completely and exactly cover all the functions and powers of the People’s Procuratorate. Although a serial of reform measures have been taken in procuratorate organs in recent years,it seldom touches this core issue of the functions and powers of the procuratorate organs. Therefore,how to identify the functions and powers of the procuratorate organs is a theoretical issue worth studying. Thirdly,the institutions of the internal departments of the procuratorateorgans;since the Organic Law of the People’s Procuratorate provides generally about the institutions of the internal departments of the procuratorate organs,the institutions of the internal departments of at local procuratorate organs arequite different,which neither meets requirements for the integrated procuratoraial system nor is scientific.
In summary,although the procuratorial reform has made great achievements,the existing problems may not be ignored. How to solve these problems will be decisive factors for the success of the procuratorial reform during the process of the judicial reform.
Translated by Ran Hao
Edited by Li Xixia