The Innovations And Developments Of The Procuratorial Ideas In Contemporary China

It is necessary that some specific ideas must exit as a cause and support behind the institutions. These particular ideas should have implemented in concrete institutions and practices, and be a foundation stone. The idea should be built up and expressed before the establishment of the institutions, furthermore, be verified by practices. According with the judicial ideas is the bases of the judicial system and judicial practices, the procuratorial ideas are the cornerstone of the procuratorial systems and procuratorial practices.The developments of the society call and drive the developments of the law, and the developments of the law response and promote the developments of the society simultaneously. Therefore, the progressions and developments of the society determine the innovations and developments of the procuratorial ideas. And then, the innovations and developments of the procuratorial ideas push the chinese society ahead, get the China legal construction forward, make the enterprise of socialism with Chinese characteristics advanced and promote the total developments of human being.As procuratorial ideas played an increasingly important role in the exercising of procuratorial power and operation of procuratorial systems yet has not attracted enough and systematical concern in theoretical circles. For this reason, the paper will focus on the procuratorial ideas as its research object. Based on the relevant procuratorial systems and procuratorial works, this dissertation tries to observe, taking Marxist dialectical materialism and historical materialism as its methodology principles of legal research and applying the value analysis and positive analysis to solute the problem, the transformations of the procuratorial ideas and the procuratorial systems from the period of the people's democratic dictatorship to that of reform and opening-up .The article also reveals the reason and effect , regular patterns and lessons ,history and present conditions , and introspects the important theoretical and practical problem of the innovations and developments of the procuratorial ideas.There are seven parts in the dissertation. In the introduction part, the problems to be studied and its significance are put forward in the first place, then reviews its studies history and current situation and analyzes the important concepts of the procuratorial ideas and innovations and development, at last the studies approach and methods and analysis frame are briefly discussed.In the first of the main body of the article, the author analyzes the backgrounds of the innovations and developments of the procuratorial ideas. Law is the reactor of the social transformations. From this point of view, the paper firstly analyzes the changes of economy, politics, culture and social structures in contemporary china, which is the groundworks of the innovations and developments of the procuratorial ideas. After that, the writer from the interior angle makes a survey of the changes of the procuratorate guidelines and the variations of the procuratorate political function and procuratorate judicial function. The social transformations determine not only the innovations and developments of the procuratorial ideas, but also the changes of procuratorate guidelines and procuratorate functions.This paper inspects the procuratorial ideas and procuratorial practices which under the guidance of the theory of the dictatorship of the proletariat and the thought of legal supervision of Lenin. The writer sums up the main procuratorial ideas as follows: class struggle, attenuating supervision, cracking down on criminal and substantial justice, which result from planned economy, centralism politics, duty culture and single structure of society. Based on the theory program of the Berkeley School, which showed in the on Law and Society in Transition: Toward Responsive Law by P.Nonet and P.Selznick, the procuratorial ideas under the guidance of the theory of the dictatorship of the proletariat are the repressive idea.The significant changes of law are follows and decided by social changes. According with this point, the third part of the paper explores the transformations in china. The great changes are from planned economy to market economy, from centralism politics to democratic politics, from duty law culture to right law culture, and from single structure of society to diversified structure of society. Based on these changes, the paradigm of legal research is also change. The Right-Orientation Paradigm substitutes for Class Struggle Paradigm. At the same time, the procuratorial ideas made obvious changes, which include fairness and justice, strengthening supervision, safeguarding human rights and service general situations. The innovations and developments of the procuratorial ideas act the procuratorial institutions, which showed in procuratorial systems and procuratorial works. The system of people's supervisor, investigate and fix the responsibility for liability for wrong of enforcing a law of procuratorial personnel, the institution of audio-video fixation in interrogating a suspected offender of crime by taking advantage of duty ,checking up detain beyond law limitation.In the short conclusion of this part ,the author compares these ideas with the repressive ideas under the guidance of the theory of the dictatorship of the proletariat and considers the procuratorial ideas in the new age to be the antonomous idea.However, the innovations and developments of the procuratorial ideas are limited and influenced by various elements. For this reason, in the chapter 4, the author firstly studies the liminations and problems in the innovations and developments of the procuratorial ideas. It should combine the pace of the innovations and developments with the extent that the society could stand harmoniously and go forward steadly. After that, the writer goes to analyze the factors and forces by which the innovations and developments of the procuratorial ideas are affected ,especially the considerations of political correctness, the pressure of interest group and the attitude of public opinion. The author sums up these factors and forces as the exterior reasons. The interior reasons that had effect on the innovations and developments of the procuratorial ideas are the knowledge that the procuratorial organ and the procuratorial personnel had and the practices that exercising of the procuratorial power.In the fifth chapter, the paper makes explorations of how to standardize the innovations and developments of the procuratorial ideas in contemporary China. Because of the problems and factors by which the innovations and developments of the procuratorial ideas influenced, it must normalize the innovations and developments of the procuratorial ideas in three aspects. Firstly, the subject of innovation and development of the procuratorial ideas should be the Supreme People's Procuratorate, which through the"supreme"demonstrate its authority and integration and coordination. Moreover, the Supreme People's Procuratorate should be lead by the Communist Party of China. Secondly, the forms of the innovations and developments of the procuratorial ideas are the procuratorial judicial interpretation and procuratorial judicial document and typical procuratorial cases. Lastly, the contents of the innovations and developments of the procuratorial ideas ought to integrate the local knowledge based on own national conditions with global reconstruction of law.In the conclusion part, the author makes a brief summary and expresses his reasonable expectation for the innovations and developments of the procuratorial ideas. The procuratorial ideas should go along with social development, and continue their march forward from the autonomous idea to the responsive idea that emphasize substantive justice ;legal rules subject to principle and policy;legal reasoning has special purpose ;judicial power mix organically with politics power.There is no end to the innovations and developments of the procuratorial ideas.The exploration has some theoretical meaning and practical value. First, the power is an important category of legal theory. It has some theoretical meanings for chinese legal research ,which studied and introspected the changes and innovations and developments of the procuratorial ideas and tried put this basic problem consciousness into the legal researches in china at present. The dissertation also has practical value. The writer attempts to analyze the innovations and developments of the procuratorial ideas under the frame of the judicial reform, which connected with the judicial practical.In author's opinion, this dissertation has several novelties in these aspects as follows. First, the visual angle of the research is new. The traditional studies more often focus on people's procuratorate's status as a judicative organ which is responsible for the legal supervision. In fact, its role is the agency of political decision and law making organ from a more broad dimension. Consequently, the author's view of research is new and special, of which the other's lost sight. Second, the writer makes systematical and dynamical researches of the innovations and developments of the procuratorial ideas. Concerning on the research in domestic, there is no studies of the innovations and developments of the procuratorial ideas alone and systematically, still less uncovered the changes and developments dynamically. Therefore, the essay surveys, which linked to social progresses and judicial reform, the innovations and developments of the procuratorial ideas independently and throught. It discovers the law and other social phenomena are interrelated and interact on each other. The changes can be felt from law spirit, principle, sense, norm and institution. This could be seen to bring forth new ideas in the dissertation. Third, Based on the theory program of the Berkeley School, the writer makes use of the three types and stages of the legal development which showed in the on Law and Society in Transition: Toward Responsive Law by P.Nonet and P.Selznick to analysis the innovations and developments procuratorial ideas in contemporary china. Last ,the writer summarizes the problems in the innovations and developments of the procuratorial ideas and proposes proper suggestions to improve and perfect the innovations and developments of the procuratorial ideas.