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ProAcademy

Authors

Ji MeijunFollow

Abstract

The organizational structure of Chinese prosecutor’s organs reflects country’s historical traditions and legal system, and thus it clearly differentiates from other jurisdiction in the world, especially the jurisdictions of the common law legal system. The article starts with the constitutional grounds for prosecutor’s activities, and focuses on the major developments in the structure and powers of Chinese prosecutor’s Organs. The changes are analysed that took place with the creation of the National Supervisory Commission, when the power of investigation of duty crimes of the prosecutor’s organs has been taken away. The prosecutorial agencies and the courts belong to different power systems. At present, most countries in the world have adopted such model, especially in those countries with the adversarial system of Common Law Systems, where the prosecutors belong to pure administrative staff, such as the United States, Britain and Australia. Finally, we conclude that in China, after major adjustments in the functions and powers of the prosecutor’s organs, as well as the superposition of the reform of judicial accountability system, quota control of prosecutors and the integration of arrest and prosecution, the reform of internal organs is an inevitable choice.

First Page

1

Last Page

17

References

  1. Ji Meijun, Comparative Study on the System of Prosecution Service between China and Australia, Peking University Press, March, 2013, p.16.
  2. He Jiahong with Jon R. Waltz, Criminal Prosecution in the People’s Republic of China and the United States of America: A Comparative Study, (1995)China Procuratorial Press, p.163.
  3. Guoqing Temple in Tiantai county is the ancestral home of Tiantai Sect of Buddhism; Ji Gong (1148-1209 AD),
  4. He Jiahong with Jon R. Waltz, Criminal Prosecution in the People’s Republic of China and the United States of America: A Comparative Study, (1995) China Procuratorial Press, p.168.
  5. Law of Supervision, which was adopted at the first meeting of the Thirteenth National People's Congress of P.R.C. on March 20, 2018 .
  6. Xue Jiangwu,‘Exploration on the Internal Institutions of the Procuratorial Organs’, (2019) the People’s Procuratorial Semimonthly, vol.5,p.5.
  7. Zhang Jun, the Attorney-General of the Supreme People's Procuratorate, put forward such words when he did survey in the People’s Procuratorate of Yunnan province on May 8, 2018.
  8. Wang Zhiguo, Zhang Bojin:‘The reform of the judicial responsibility system of the Supreme People's Procuratorate officially started today! The Attorney-General explains the reforms for you.’ , the Procuratorial Daily, June12, 2017.
  9. Xue Jiangwu, “Exploration on the Internal Institutions of the Procuratorial Organs”, (2019) the People’s Procuratorial Semimonthly, vol.5,p.6.
  10. Xue Jiangwu,‘Exploration on the Internal Institutions of the Procuratorial Organs’, (2019) the People’s Procuratorial Semimonthly, vol.5,p.6.
  11. Zhou Xin,‘Overview on Changes of the Procuratorial System in 70 years in China and My Expectations’(2019) Tribune of Political Science and Law, vol.6, p.44.
  12. Arhat is a Buddhist term, which refers to the monk who has broken all desires and relieved all worries, that is, the Buddhist monk who has reached nirvana. The analogy here is the prosecutor.
  13. Wang guanghui, ‘the Procuratorial team has been growing up with the reform and opening up", (2019)the Procuratorial Daily, January 14.
  14. Xue Jiangwu,‘Exploration on the Internal Institutions of the Procuratorial Organs’, (2019) the People’s Procuratorial Semimonthly, vol.5,p.5.
  15. Zhenzhen,etc. Comparative Study on the Procuratorial Systems, (2010) Law Press, the preface, p.3.
  16. Ma Jiafu and Ji Meijun, ‘ Framework Design of Mechanism of Internal Supervision and Restriction in the Procuratorates’,(2003)Journal of National Prosecutors College,Vol.6,p.96.
  17. Xie Pengcheng, On the Procuratorial Rules, (2016) China Procuratorial Press, the Preface, p.3.
  18. Xie Pengcheng& Chen Lei, Procuratorial Jurisprudence: Solving New Problems and Answering Difficult Issues Concerning the "Four Types of Procuratorial Work", (2020)the Procuratorial Daily, January 6.
  19. Xie Pengcheng& Chen Lei,‘Procuratorial Jurisprudence: Solving New Problems and Answering Difficult Issues Concerning the "Four Types of Procuratorial Work", (2020)the Procuratorial Daily, January 6.
  20. Ji Gang, Liu Jing: ‘Theory and Practice of the Public Prosecution Reform", (2006) China Procuratorate, p. 79.
  21. The Supreme People's Procuratorate Press Conference: The application rate of lenient System of Confession and Accepting the Punishment Recommendation gradually increased, and the criminal policy of leniency and strictness was fully reflected. The Statistical data was provided by Deputy Director Chen Guoqing during the Press Conference.
  22. Zhang Yanli and Lu Guoxiu, ‘Analysis on Legitimacy of the Civil Procuratorial Supervision Theory and Implementation Mechanism in China’, (2011) Journal of China University of Political Science and Law, Vol. 5,p.113.
  23. Zhang Xueqiao, ‘Adhering to justice for the people, Making the Administrative Procuratorial Work Solid’,(2019) the Procuratorial Daily, Oct.9.
  24. Liu Fei and Xu Yonghe, ‘the Public Prosecutor Status of the Procuratorial Organs in the Administrative Public Interest Litigation and Its Institutional Construction’, (2020) Zhejiang Social Sciences,Vol.1, p.60.

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