Journal of Shanghai University (Social Science Edition)

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onstruction of Procurators’ Judicial Accountability System and Its #br# Relationship with the Attributes of Procuratorial Power

  

  • Online:2017-09-15 Published:2017-09-15

Abstract:

 Procuratorial power has dual attributes of judicial power and administrative power, which means the exercise of procuratorial power should conform to judicial regularities on the one hand, which are independent in nature, and administrative regularities on the other hand, which are influenced by administrative orders. The dual attributes also have a direct bearing on the judicial accountability system. That is to say, only when the prosecutor exercises the procuratorial power with judicial traits, will he have to take judicial accountability. If the prosecutor exercises the procuratorial power with administrative traits, he will take no or part of accountability while the superior who has issued the order should assume all or major accountability. China's procuratorial power is essentially sort of judicial power with administrative characteristics which have been improperly strengthened in the past. Therefore, today's procuratorial reform should focus on “deadministration” by gradually weakening the administrative attribute of procuratorial power. There are some certain differences between a prosecutor's and a judge's independence in that the former’s independence is relative due to the restriction from the framework of procuratorial integration. A full understanding of this serves as a premise of constructing a scientific and reasonable judicial accountability system for procuratorial personnel.

Key words: judical accountability system, deadministration, procuratorial power