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The pilot reform on the procuratorate of cross-administrative division in China and its reflection - from the perspective of pilot program in Shanghai

Haifeng Chen ; , Institute of Law of Shanghai Academy of Social Sciences

Abstract

China’s procuratorate is established geographically according to administrative division. Its prosecutors are elected and the exercise of its power is guaranteed by local people’s congress, which results in difficulties with respect to the independence of procuratorial power. In order to overcome the judicial localization and guarantee judicial fairness, China chosed a procuratorate respectively in Shanghai and Beijing to initiate a pilot reform on the procuratorate of cross-administrative division at the end of 2014 and has harvested some fruits. However, from the perspective of the circumstances of the pilot reform in Shanghai, the current situation of jurisdiction over cases is not consistent with the original intention of the reform in some aspects. The scope of cases likely to be intervened by local force shall be made clear and incorporated gradually under the jurisdiction of a procuratorate of cross-administrative division, and a more extensive reform plan shall be carried out at suitable time.

Keywords

Reform on the Procuratorate of Cross-administrative Division; Practical Exploration; Jurisdiction over Cases; Suggestion on the Route of Reform

Hrčak ID:

207811

URI

https://hrcak.srce.hr/207811

Publication date:

7.11.2018.

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