检察机关职侦局的机构建设及运行机制研究-工商管理专业论文.docxVIP

II II ABSTRACT The 16th National Congress of Communist Party of China (16th NCCPC) calls for the perfection of the institutional establishment, authority partition and management system of the judicial organ, which needs the further completion of the judicial system with clear separation of authority and responsibility, mutual coordination, mutual check and operation with high efficiency, ensuring the procuratorate to exercise its power independently and justly. The right of official offence investigation of the procuratorate, including the furious debate on its existence, has attracted lots of attentions, and it has been one of the hot topics in the current discussion on the judicial reformation. This article begins with the discussion on the relationship between the procuratorial power and the right of official offence investigation. Firstly, it presents the characteristics of the right of official offence investigation, and the necessity and feasibility of the procuratorate exerting the right. Secondly, it describes the special role that the right of official offence investigation plays in the legal supervision action and how to efficiently execute the authority of the procuratorate. This has become an urgent need and focus on the anti-corruption struggle under the new circumstance. Hence, the 3rd part of the article, takes Chongqing for example, analyzes the unification of the official offence institution in the procuratorate theoretically and practically. The 4th part presents the conception about the official offence institution and its operation mechanism, conceives the outline of the chief procurator’s authority, points out the appointment, discharge, assessment, award for, and sanction against the prosecutors, analysis how to deal with the relationship between the prosecutors and their assistants, how to strongly supervise and distribute cases among the prosecutors, and some questions have to do with the prosecutors, the article also presents the way to de