New Exploration in Procuratorial Reform

Author: Mu Ping, Editor-in-Chief
Publisher:
Publish Date: 2007-01-01
Features: The theory originates from practice. A theory detached from practice is inevitably pale and lifeless. Practice needs theory, and a practice lacking theoretical guidance is bound to be blind and deviate from its direction. The strength of the empirical research approach lies in the interaction between practical work and legal theory, promoting the renewal and deepening of theoretical research and driving the continuous development of procuratorial practice since 2004. Since 2004, the Beijing procuratorial system has strived to explore the integration of procuratorial theoretical research and practical work, leveraging its advantages in empirical resources to enhance the academic rigor of empirical research. It has gradually established a mechanism for collaborative research on key topics, integrating resources and tackling challenges collectively. Moreover, it has consistently promoted the theoretical outcomes of this research mechanism, striving to publish an annual collection of research papers to showcase the proactive and rigorous stance of Beijing procurators in pursuing practical rationality, the flourishing development of theoretical research in Beijing procuratorial organs, and the thriving state of procuratorial work in the capital. If Theoretical and Empirical Research on Legal Supervision represents an attempt in the empirical research approach, and Legal Supervision—Rational Reflections of Practitioners is a continuation of the empirical research perspective, then New Explorations in Procuratorial Reform represents the expansion of the value of empirical research. "Attempt" signifies the choice of the empirical research approach, "continuation" signifies the adherence to the empirical research perspective, while "expansion" signifies the orientation of the value of empirical research. Empirical research starts from real-world data, problems, and rationality, proceeds through data analysis, problem argumentation, and value judgment, and examines legal supervision practices from a confirming or critical perspective, deconstructing solutions to problems into practical proposals for testing. The 28 articles compiled in this book are conducted within this research approach. Against the backdrop of building a harmonious society, upholding the socialist rule of law, and addressing the relationship between the socialist rule of law concept and procuratorial functions, the book focuses on researching issues such as case quality management mechanisms, the practice of integrated procuratorial and investigative work, the improvement of the people's supervisor system, the current status and prevention of commercial bribery crimes by public officials, the current state and future plans for procuratorial informatization construction, among others. It also conducts in-depth discussions on key aspects and approaches for strengthening litigation supervision, the procuratorial talent cultivation mechanism, procuratorial culture construction, the case handling responsibility system of chief prosecutors, reforms in the procuratorial committee work mechanism, improvements and refinements in the complaint handling mechanism, and the case reference mechanism. The selected content nearly covers all aspects of procuratorial practice. Additionally, given the widespread attention to the United Nations Convention Against Corruption and the strong hope of the Chinese people for its role in apprehending corrupt officials and recovering stolen assets, the theoretical reach extends to the criminal conviction mechanisms of the convention, seeking feasible pathways for its effective application in China. Through comparative analysis of individual crimes in the convention and corresponding criminal offenses in China's criminal law, several original viewpoints have been proposed. It is particularly worth mentioning that the book dedicates significant space to the implementation of the leniency and severity policy in criminal policy and the study of criminal mediation, which not only provides theoretical foundations for the exploration of procuratorial practice but also offers intellectual support for the deepening of procuratorial reform. Especially, at the national theoretical seminars, "Criminal Mediation in the Context of a Harmonious Society" and "Leniency and Severity Policy and a Harmonious Society: With a Focus on Procuratorial Practice," these research outcomes were shared and fully displayed, gaining a voice in academic activities. Empirical research is neither purely academic nor a preliminary policy decision. Academic research can be entirely abstract, starting from concepts and ideas and ultimately concluding with principles. Policy decisions, however, must be entirely practical, starting from reality and ultimately concluding with practice. The loss of academia and the failure of policy decisions often stem from the ambiguity between the two. Therefore, empirical research must avoid the confusion between academia and policy decisions, maintaining a certain tension between the two. It must strongly pursue academic rigor while firmly adhering to practical characteristics, making research outcomes a basis for policy decisions and a foundation for academic research. Examining the entire book, through detailed materials, rich content, rigorous research, stringent debates, and targeted proposals, it is evident that the Beijing procuratorial system has integrated empirical research into academic activities, and Beijing procurators have engaged in investigative research within the legal community. The closed state of the academic research paradigm has begun to open its boundaries, and the pragmatic state of the practical research paradigm has begun to correct its self-isolation. The rationality of knowledge in academia and the rationality of practice in the field have merged, exchanging nutrients through frequent contact and communication, thereby improving the research environment, fostering mutual trust, expanding consensus, and achieving coexistence and growth. It cannot be denied that in the future landscape of Chinese legal research, investigative research by procuratorial personnel will not be detached from academic activities, nor will they abandon their voice in academic forums. Instead, they will embrace a broad-minded attitude to absorb diverse viewpoints, demonstrate the wisdom and foresight of sages, engage in debate, articulate arguments, and establish theories, showcasing the fresh vitality of legal scholars nurtured in the fertile ground of practice. Investigative research is not a burden on practical work but should be a conscious fulfillment of the professional mission of procurators. Empirical research is not self-identification for procuratorial practice. It not only requires resonance from practitioners but also demands responses from the legal community. Therefore, the publication of this book is not only about "showcasing" but also about "calling." Although the opinions or suggestions proposed in the book may seem self-contained within a theoretical framework, entering policy decisions or practice is not as simple as envisioned. The key lies in continuing to evaluate and explore the rationality from different perspectives and levels. Based on this, the book does not shy away from views that require further discussion, nor does it conceal arguments that need refinement, nor does it hesitate to acknowledge that some forward-looking discussions still lack depth. Of course, as the third work by the Beijing procuratorial system on empirical research and the expansion of procuratorial business research, this book is not the final chapter of the empirical research trilogy. Procuratorial business practice will continue to expand, and empirical research will continue to deepen.