Chinese procuratorial power and procuratorial system of jurisprudence
|School||China University of Political Science|
|Keywords||Procuratorial system Procuratorial organs Prosecutorial power Legal supervision over the|
Legal supervision is an integral constitutive law run mechanism \Under the constitutional system of the Chinese People's Congress system, the Constitution clearly stipulates that procuratorial organs of the state organs for legal supervision, according to the independent exercise of prosecutorial power to supervise and restrict the power of the other countries, against the autocratic and privileges, to prevent unlimited expansion and abuse of power . Therefore, the prosecutorial power is not an option can even be the right to cancel, you must attach importance to China's procuratorial system, strengthen legal supervision, maintain social fairness and justice. Historical Survey and empirical analysis, the theoretical knowledge of jurisprudence based around the core of the legal supervisory authority, contact the practice of the procuratorial system with Chinese characteristics, the reasonableness and necessity of the procuratorial organs exercise procuratorial power. The paper is divided into four parts: the first chapter: To analyze the nature of the prosecutorial power. The prosecutorial power is the nature of the core issues of the procuratorial system, but also a different opinions and the dispute over the topic. Throughout academia, the theoretical point of view mainly define the nature of prosecutorial power, executive power, judicial power, said the double attributes and legal supervision over the said four. Different definition of the prosecutorial power nature, is bound to affect the legal status of the procuratorial organs exercise of prosecutorial power, and the value orientation of the judicial reform. China's Constitution clearly stipulates that the people's procuratorates are state organs for legal supervision, procuratorial power the essential attribute of the right to legal supervision. Chapter II: This paper discusses the characteristics of procuratorial system kernel - right to legal supervision. In accordance with the provisions of existing law, the procuratorial organs of the mandate can be summarized into five areas: the right to public prosecution, investigation of crimes committed, the right to investigation and supervision, the right to trial supervision and implementation of the supervisory authority. Embody the essence of the legal supervision of the power of every one of the prosecutorial power, mutual convergence of the formation of the supervision work together to provide judicial protection to safeguard social fairness and justice to ensure unified and correct implementation of the national law to achieve social harmony. Chapter III: combing the history and evolution of China's procuratorial system. The origins of China's procuratorial system is diverse. Western procuratorial system, Lenin's ideology of legal supervision and the ancient Chinese Censor system for the emergence and development of China's procuratorial system the system of origin, the soil of the Ideological Origins and local culture. Censor system is the origin of China's procuratorial system in theory remains controversial, but as an important legal and cultural heritage, its censure self-bureaucratic push Ju defendants prison supervision thinking procuratorial system today the formation and development impact major and far-reaching. From the late Qing Dynasty Attorney introduced into the system after the founding of new China's procuratorial system, experienced a tortuous development process, the Chinese procuratorial system characteristics theory formation in practice, to develop and deepen, with the times. Chapter 4: illustrates our set of prosecutorial power, build the theoretical basis of the procuratorial system with Chinese characteristics and realistic basis. Mao Zedong, Deng Xiaoping's theory of the state and the rule of law theories, the unity of theory of the universality of the law and the rule of law, judicial impartiality theory set for China's procuratorial build procuratorial system has laid a solid theoretical foundation. The constitutional system of the People's Congress system and the rule of law in practice is set procuratorial power, build the procuratorial system for the existence of basis in reality.