From Douchayuan To The Public Prosecutor's Office

In the process of modernization of China's law system , from the late Qing Dynasty, China's justice system refering from the Wstern experience, has undergone enormous changes. In this process, as one of the central judiciary, Douchayuan has gone through a process from the discussion to the repeal. This process was along with the introducton of procuratorial system from the West. In the meantime, the development and changes of the procuratorial bodies and functions was an important link in the history of development of China's legal system. In this session, not only the changes in the legal system, but also in the development of China's legal changes, the choice, adaptation, integration and decision of the inherent tradition and the introduced conception were in the process, which made an important impact to China on the development of law system. It can be said that the various arguments at the time, still have not been solved in the modern time . Therefore, the author making the ttle of "From Douchayuan to the Public Prosecutor's Office" ,will take emphasis on analysis of the history of changes in the legal system ,the requirements and the continuation of development, its own history and change the system characteristics, the result of this evolution,and the changes the complex reasons for the agency for the actual operation of major issues, including the system of conventional and special operations analysis of the case, focusing on conventional and special operations.This paper is divided into seven parts.Part I: Introduction. In this section, the author introduces the motive, and the basic idea, as well as research methods, and basic materials of the subject of this research . With the study of the current situation of China's reform of the contemporary legal system, this part introduces the development and the significance of China's procuratorial system from the mixed monitor system to the independent inspection system , and the methods of the study adopted by the author.Part II: the development and functions of Douchayuan.The generation and development of Ancient Chinese Douchayuan was accompanied by the development of China's feudal country, as well as the distribution and regulations of power. Generally speaking, as a monitoring system, the formation and development of China's ancient feudal monitoring system was adapted to the specific historical process of China's feudal society ,or basically developed simultaneously. Monitoring system has make a process with with the integration and separation of "Tai " and "Jian" .In the Ming and Qing Dynasties, China's feudal society has entered late poried. With the processof the feudal autocratic and centralized state system increasingly making direction to the extreme autocratic one, the feudal monitoring system has also reached the mature extent ,which eventually produced Douchayuan. And its functions, showed the characteristics of comprehensive functions, the relative independence institutions and the closure functions, functions determined in the legal system.Part III:the analsys of the status of Douchayuan in the traditional Chinese power system ,with the reference of the characteristics of Douchayuan. It can be said that China 2,000 years of feudal rule, was continuously strengthening the process of centralization. In the Qing Dynasty, this trend had been to the extreme. Douchayuan as the eyes and ears of the emperor and the tool of making competence and balances of other organs, with the constant strengthening of the imperial power, was bound to lead to the growing function, presenting a comprehensive and wide-ranging charactor . At the same time, the idea of balances and separation of powers in China's feudal society eventually led to the relative independence of Duchayuan's institutions and the closed features of its functions. And in China's ancient national development process, the experience of power regulation from moral restraint to system constraints, combined with China's legal and cultural traditions, ultimately led to the Douchayuan functions determined in the legal system. However, these characteristics also reflects the congenitally deficient of ancient Chinese system of monitoring.Part IV introduces the controversy and revocation process of Douchayuan in the reform of legal system at the end of the Qing dynasty ,in which in order to recover the rights from the Western courtry , the Qing government introduced the state systems of separation of powers , leading to the rapid development of the independence of the judiciary, and ultimately caused the proceedings from the traditional Inquisitorial-style mode to the impeachment one. During this process, Douchayuan atarted to reform. However, the reform was mainly reflected in the bureaucratic functions and the the division of management, and led to the controversy of Douchayuan.Part V :the process of the introduction of prosecutors in the end of the Qing dynasty. With the differentiation of the oversight authority of Douchayuan, the legal supervision functions with the Bureaucracy reform shifted to other organs, one of which was the prosecutors.On the basis of fully inspecton of Western legal system and courses taught by the Western legal experts ,the Qing government made the reform of the judicial system complying with the separation of judicial and administrative implementation. The procuratorial organs were gradually set up both inside and outside in Beijing, forming a procuratorial system.Part VI :the functions of the Public Prosecutor's Office. At the end of the Qing Dynasty, through a series of the text of the law , the government stipulated the function of the procuratorial organs, and established the investigate and prosecute cases , as well as legal supervision functions of the Prosecutor's Office in the judicial practice . This reform promoted the independent of the functions of procuratorial organs, but the congenitally deficient understanding of the difference between judicial and Administrative power gave a lot of negative effects to the development of functions of procuratorial organs.Part VII :the develpoment of procuratorial organs after Qing Dynasty and the controversy of its functions. On this basis, combined with the actual situation of China's legal system, tha author analyzes the requirements of judicial rules to the procuratorial organs functions.