Constitutional Analysis Of Prosecutorial Power In China

As an important authority conferred on special legal supervision organs by Chinese Constitution, prosecutorial power of China should be clearly, rationally, scientifically oriented and distributed in Chinese power system. Affected by many factors, however, the connotation and denotation of Chinese prosecutorial power have not been clearly defined since the establishment of the People’s Republic of China, which has made Chinese legal supervision system disordered. This paper, therefore, tries to analyze the position of Chinese prosecutorial organs in Chinese power system, the functions and denotation of Chinese prosecutorial power from the perspective of the Chinese Constitution. At the same time, it tries to make some reasonable suggestions for the distribution of power.This paper begins with the birth and development of power and prosecutorial power, analyzes the relationship between prosecutorial power and legal supervision power and presents us with the defect of prosecutorial power by representing the position of Chinese prosecutorial power in Chinese constitutional government. It also raises suggestions on distribution and improvement of Chinese prosecutorial power for the development of it in the reform of Chinese judicial system by studying the relationship between the restriction out of Chinese prosecutorial power and the balance in it.There are four research methods used in this paper. Firstly, conceptual analysis. Analyzing the concepts involved and determining the reasonable intention and proper extension of it for getting a right definition of it from the perspective of the Chinese Constitution. Secondly, historical analysis. Tracing the concepts and system involved to their sources to represent their evolution for getting a clear conception or right origin sources and development background of them. Thirdly, comparative analysis. Trying to make judgments and choices on the concepts and system involved by analyzing the similarities and differences of the theory and practice of the prosecutorial power among the continental legal systems, the Anglo-American legal systems and socialist countries. Fourthly, analysis with examples. Illustrating the gap between the reality of Chinese prosecutorial power and the necessity of it with real cases.With about 130,000 words’illustration and argumentation, the conclusion of the paper begins with the analysis of the necessity structure of stable power which will demonstrate the necessity of the authority and methods to exercise the authority the china’s prosecutorial power should obtain to match the legal supervision function; the necessity of a system that will guarantee the completely exercise of power; and the necessity of a management mechanism that in line with the operating rules of prosecutorial power and a group of high-quality prosecutors. Furthermore, there are some specific recommendations on the scientific distribution of prosecutorial power from various of aspects such as from the completing of legal authorization, how to perfect prosecutorial power,the expanding of supervised space, and the interior restriction mode when exercising prosecutorial power.The last part talks about environmental public interest litigation made at Guangzhou People’s Procuratorate, reflecting on the unreasonable operation of Chinese prosecutorial power with various doubts and contradictions in Chinese judicial reform background, providing useful materials for Constitutional theorists to know the operation of Chinese prosecutorial power and the work of the Chinese People’s Procuratorate at the grass-roots level.