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2022 | Buch

Brief Introduction to the Procuratorial System in China

verfasst von: Meijun Ji

Verlag: Springer Nature Singapore

Buchreihe : Understanding China

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Über dieses Buch

Based on empirical research, this book comprehensively and thoroughly expounds the procuratorial system of socialism with Chinese characteristics and focuses on the organization, functions and powers, the system of prosecutors and the reform of the procuratorial system in China. It deeply analyzes the characteristics and reasons of the procuratorial system in China and not only discusses the dynamic process of the various kinds of procuratorial power in practice but also analyzes the common trend of the reform of the system of prosecution service in the world under the background of the globalization of judicial reform, especially those hot topics of the procuratorial reform in recent years, such as the reform of judicial responsibility, the reform of internal organization, the reform of quota control of prosecutors, the lenient system of accepting confession and punishment, the system of litigation of public interest and so on.In addition, with considering and studying the historical process and practice of the procuratorial system in China for more than 20 years, the author puts forward lots of unique ideas and proposals to reform and perfect the current procuratorial system and the procuratorial work mechanism in China. The book comprehensively discusses the historical origin, development process, current situation, reform and the direction of future development of the procuratorial system in China.

Inhaltsverzeichnis

Frontmatter
Chapter 1. Origin and Characteristics of the Procuratorial System in China
Abstract
The present procuratorial system in China is an important part of Chinese judicial system. Although it is a historical choice made by New China in the process of construction both for political power and legal system, there are some arguments on its origin, such as whether the “Yushi” institution of ancient China is the origin or not. However, the emergence of any system is the result of interaction and influence of multiple factors, so the origin of the procuratorial system in China is not necessarily unique. Due to the complexity of its origin and twists of its developing history, the procuratorial system in China has its own characteristics and advantages, such as the independent status, the state organ of legal supervision and so on. So, how to give full play to the characteristics and advantages of the procuratorial system in China is a serious challenge faced by the procuratorial organs at all levels in a new era.
Meijun Ji
Chapter 2. On the Organizations of the Procuratorial Organs in China
Abstract
The prosecutorial organizations are the carriers for the procuratorial organs to exercise their functions and powers, whose settings are not only closely related to the historical traditions and legal systems, but also are adapted to the specific national conditions of each country and the actual needs of the time. At present in China, the external organizations of the people’s procuratorates are set up according to the administrative divisions and corresponding to the courts in accordance with the law as well as the necessity of the procuratorial work. There are four levels of procuratorates, which consists the Supreme People’s Procuratorate, the provincial level,  the prefectur  level and the county level. Each procuratorate at different levles has its own functions and powers with the higher one directing the lower one in their procuratorial work and the SPP at the top of pyramid. As to the internal institutions, there are some necessary departments to be established in each procuratorate, such as the department of public prosecution and reviewing and approving the arrest, the department of investigating duty crimes of judicial personnel, the department of supervision on execution of punishmnet and the general office. Due to the various reforms in the procuratorial system in China,  the internal institutions of the procuratorates have been changed significantly in recent years in order to improve the efficency and quality of supervision in handling criminal, civil, administrative cases and the cases of litigation of public interest.
Meijun Ji
Chapter 3. The Functions and Powers of the Procuratorial Organs in China
Abstract
The functions and powers of the procuratorial organs refer to the powers which the procuratorial organs can exercise in practice, whose disposition is the core content of the procuratorial system in a country. In most Western coutries, the prosecutorial power belongs to the administrative power under the system of separation of powers. However, in China, due to the characteristics of the socialist procuratorial system and the traditional culture, the procuratorial organs are regarded as a judicial one and the procuratorial power is a general term for various powers given to the procuratorial organs by Chinese Constitution and laws. At present, the procuratorial power in China is very extensive, which includes the powers of procedural supervision, public prosecution, approving or deciding arrest, the public interest litigation, investigaion of some duty crimes and other powers endowed by the related laws, among which, the power of approving the arrest and the power of initiating the public interest litigation are special ones enjoyed by the procuratorial organs in China. This chapter discusses them one by one in detail, such as the definition, operation, existing problems and feasible suggestions. I have to say,  in the era of big data, how to give full play to these functions and powers to acheive the national security, the people’s peace and the social stability which is really a major challenge faced by the procuratorial organs at all levles in China.
Meijun Ji
Chapter 4. The Prosecutor’s System
Abstract
Prosecutors are the exercisers of the procuratorial power; their position in the procuratorial system determines the effectiveness and adequacy of exercising the procuratorial power. The prosecutorial system outlines the legal provisions that define the status of the prosecutor, the qualification, selection, rank, training and professional security of the prosecutor, which is an important part of the procuratorial system. Looking around the world, there are two main patters in selecting prosecutors: one is the mode of selecting prosecutors from lawyers and the other is to select prosecutors by the uniform exams.  As to the professional safeguard, it is related with the state’s cultural tradition, judicial system as well as the developing level of its economy, which is very complicated with rich meanings since the level of the professional safeguard for the prosecutors in a country is not directly proportional to the procuratorial power enjoyed by the prosecutors in that country and its level of economic development.  This chapter discusses the qualifications, selection, promotion, training and professional safeguard of Chinese prosecutors and comparison  with that in other countries.
Meijun Ji
Chapter 5. The Reform of Procuratorial System
Abstract
In this era, reform is the current theme in all trades and professions, which is being carried out in varying degrees, especially in judicial system. It is occurring in China and other jurisdictions of the world. Justice and efficiency are the two goals of judicial reform for each jurisdiction. As to the reform of the procuratorial power, there is a common trend of expansion of prosecutorial power while some countries began to limit and weaken their prosucutorial power. In addition, there are two major trends in development of the procuratorial system in the world: one is to increase the prosecutor’s powers; the other is to perfect the system of prosecutor’s accountability. In China, under the background of the  reform of judicial acountability system, the reform of trial-centered procedural system and the reform of transferring of anti-corruption department in recent years, the procuratorial organs have experienced unprecedented challenges and are facing a new developing opportunity. In order to integrate the existing procuratorial functions and powers and make them into full play so as to achieve the goal of balanced and coordinated development of the four kinds of procuratorial functions, the procuratorial organs in China have implemented a series of reform to meet these challenges and seek a new developing path, such as the reform of internal institutions, the reform of integration of approving arrest and prosecution, the reform of quota control of prosecutors, and so on. Whether these reforms are successful or not, they are based on the national conditions in China and will provide valuable experiences to thoroughly implement the Opinions of the CPC Central Committee on Strengthening the Legal Supervision of Procuratorial Organs in the New Era. However, these reforms are still on the way in furthe deepening and improving their corresponding measures and systems in order to perfect the procuratorial system with Chinese characteristics in the future.
Meijun Ji
Backmatter
Metadaten
Titel
Brief Introduction to the Procuratorial System in China
verfasst von
Meijun Ji
Copyright-Jahr
2022
Verlag
Springer Nature Singapore
Electronic ISBN
978-981-16-8611-5
Print ISBN
978-981-16-8610-8
DOI
https://doi.org/10.1007/978-981-16-8611-5

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