Study Of The Prosecutorial Power And Its Exercising Independently

The 16^th National Congress of the CPC proposed to further reform our judicial system and ensure the independent operation of procuratorate power, which ushered the reform of judicial system in our country into a new historic phase since then on.In order to realize the reasonable goal of reform of judicial system, we need carefully review our framework of state power from the point of view of law and correctly understand the nature and contents of legal system as well, since they are the base and safeguard of construction and function and implementation of state power, meanwhile the correct legal theory will be the prerequisite for realization of reasonable reform of judicial system.Procuratorate power, one of the major basic powers included in our people's congress system, together with the most supreme state power ( i.e. legislative power ) and administrative power and courts'judicial power and military power form the structure of a nation's basic powers.In the past over 50 years since the establishment of new China, as a result of misunderstanding and ignorance, Procuratorate power has suffered severe destruction, once ever been canceled for a period. It is not until the year of 1979 that Procuratorate power is rebuilt and the year of 1982 that it was confirmed as national law supervision organs in the Constitutional law, At the same time, in related laws, the general legal supervision rights as stipulated in the Constitutional Law of 1954 and other supervisions in civil or administrative procedural fields are deleted, and only the supervision over criminal justice——which mainly referred to right of prosecution, is reserved. As a result, the theory and practice, the form and contents of this legal system are inconsistent, reflecting on the unreasonable operation of Procuratorate power...