The "Protest" of the Soviet Procuracy-A Means of Challenging Subordinate Legislation

Morgan, Glenn G.

doi:10.2307/838043

Cited by 2 publications

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“…This system of subordination at two levels is a political adaptation of the Soviet procuracy, the most authoritative institution in the Soviet legal system after which the procuratorate is modeled (Ginsburgs 1959;Oda 1986;Smith 1978Smith , 1984. The Soviet procuracy was a centralized, hierarchical apparatus that maintained organizational independence from other state institutions and was well known for its supervisory function to oversee the observance of laws by all ministries, government agencies, enterprises, social organizations, and individuals (general supervision), as well as the application of the law in criminal processes (special supervision) (Ginsburgs and Stahnke 1968;Hanson and Thompson-Brusstar 2021;Morgan 1960). Prosecutorial accountability in the Soviet system is manifested in the vertical system organized on the principles of independence, uniformity, and centralization, with prosecutors responsible only to the Supreme Soviet of the ussr (Loeber 1986;Smith 1978: 14).…”

Section: Prosecutorial Accountability In the Constitutional Frameworkmentioning

confidence: 99%

“…As a key feature of the Soviet procuracy system, every prosecutor's power was delegated by the ultimate authority of the procurator-general and edinonachalie made the procurator-general and chief prosecutors responsible for the collective of prosecutors and the outcome of the cases processed. (Ginsburgs 1959;Morgan 1960;Smith 1984). Recall that the procurator-general of the ussr, as the head of the monolithic pyramid of the procuracy, was a commanding figure in Soviet politics, exercising the highest The procuratorate, as an institution, was sabotaged during the Big Leap Forward and the Anti-rightist Movement, when first it was merged with the police and then it was brought under the overall leadership of command posts to jointly handle criminal cases [heshu bangong] and eventually was abolished during the Cultural Revolution.…”

Section: Prosecutorial Accountability In the Constitutional Frameworkmentioning

confidence: 99%

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Accountable for a Lifetime: Reforms in Prosecutorial Accountability in China

Mou

2022

China Law Soc. Rev.

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The judicial accountability reform in China introduced the concept of lifelong accountability, which requires prosecutors to be responsible for the cases they handle by tying their reputation and career prospects to the quality of the cases, regardless of whether they still hold those positions. To explain this lifelong accountability, this article analyzes key issues surrounding prosecutorial accountability in the Chinese context, critically examining the accountability system before the reform and the transformations brought about by the new accountability regime. It argues that although lifelong accountability is expected to be a deterrent to prosecutorial misconduct, the feasibility of the accountability mechanism is subject to doubt. The reform tries to form collective responsibility, enabling frontline prosecutors to exercise greater autonomy. However, it has not led to a paradigm shift from the predominantly bureaucratic model to prosecutorial professionalism, which demonstrates profound distrust in the prosecutor’s judgment at a fundamental level.

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