Analysis of the Integrated Working Mechanism of Civil Prosecutorial Supervision

2023-06-07

The principle of prosecutorial integration is an operational model formed by the procuratorial organs in the process of exercising prosecutorial power, with the goal of better performing prosecutorial functions, safeguarding citizen rights, and promoting the correct implementation of legal unity. By standardizing the internal leadership and supervision cooperation mechanism, it is characterized by "overall coordination, unified leadership, flexible command, and close cooperation". The core characteristic of the integrated mechanism of civil procuratorial supervision is "integration", which originated from and belongs to the integration of procuratorial work. It is an important manifestation in specific business lines and plays an important role in civil procuratorial work. It is undeniable that there are many difficulties in the process of promoting the integration of civil procuratorial supervision. On the one hand, there is a collision between the integration of civil procuratorial supervision and traditional supervision concepts. The traditional civil procuratorial supervision business mainly focuses on the supervision of effective judgments, and the supervision methods mainly include protest and retrial of procuratorial suggestions. Therefore, when handling cases, prosecutors generally focus on a single case, which can easily lead to a "case by case" and piecemeal "one-way" thinking mode, lacking the awareness of active performance, multi-dimensional and systematic supervision. On the other hand, the differences in the focus of handling cases among civil procuratorial departments at all levels, as well as the need to strengthen their professional capabilities, have to some extent hindered the integrated construction of civil procuratorial supervision. At present, there is an "inverted triangle" phenomenon in the field of civil procuratorial supervision: provincial and municipal procuratorates focus on effective judgment supervision cases, and need to do a good job in investigating and serving judgments for the vast majority of cases. The per capita caseload is the largest and showing an upward trend. However, grassroots procuratorates focus on reviewing cases of illegal behavior and supervision of execution activities by judges, and exploring the source of cases is urgent at present. In terms of the source of cases, provincial and municipal procuratorates mainly apply for supervision by the parties involved, while grassroots procuratorates mainly accuse, report, and discover cases based on their authority. The complexity of civil procuratorial work itself, coupled with the prominent contradiction of having more cases and fewer people, puts great pressure on the overall handling of cases. Different focus on handling cases poses significant difficulties in forming an integrated handling model. In a short period of time, relying solely on one's own strength to engage in "single line combat" is difficult to fully coordinate and develop. So, how to break through the difficulties and accelerate the process of integrating civil procuratorial supervision? The author believes that promoting the integration of civil prosecution and supervision requires innovation in work concepts and methods, strengthening communication and coordination with all parties, fully leveraging the role of big data, and constructing a scientific and efficient integrated working mechanism for civil prosecution and supervision. One is to establish advanced judicial concepts and guide practical innovation through conceptual changes. Firstly, it is necessary to handle the relationship between "supervision" and "handling cases" well. The fourth level procuratorial organs, various business lines, and various departments within the court should pay attention to the system concept, establish the concept of "supervision in case handling, handling cases under supervision", enhance the awareness of integration, implement the requirements of integrated supervision and case handling, and be cautious of isolation and fragmentation of supervision and case handling functions. Case handlers should enhance their sensitivity and take the active performance of their duties in accordance with the law as an important path to promote the high-quality development of civil procuratorial work. During the process of handling cases, they should promptly identify clues related to social governance, trial violations, execution, and duty crimes, and transfer the clues to relevant departments for processing. At the same time, they should also consider possible institutional mechanisms, trial procedures, and other aspects that may exist

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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