The Research On Prosecutorial System Reform Of China

In China, the procuratorial system is an important part of the judicial system. Procuratorial system with other countries, China’s procuratorial system with distinct Chinese characteristics. Current Censorship in punishing crimes, protecting people and the interests of justice so better to play a role, and effectively protect the reform and opening up and socialist modernization drive smoothly. However, with the deepening of reform and opening up, especially in the development of the socialist market economy, the rule of law and the full implementation of the basic strategy of the growing demand for public justice, Chinese procuratorial system also needs to continue to reform, improve and develop.The development of China’s socialist procuratorial system tortuous process descriptions, contemporary Chinese procuratorial system formation and development, not only contains a history of political and legal system of the essence of China’s socialist legal system draws on historical experience and lessons learned, but also reflects the historical inevitability and inheritance, and is the unity of history and logic. China’s procuratorial system reform, must stand on the history and reality of the dual basis, from the full swing of the " rule of law in China," the construction of perspective, a comprehensive look at the historical origins of the procuratorial system, development history, theory and practice characteristics, learn extraterritorial prosecution system the rational design and development of procuratorial system evolution law, reform and improve the country’s prosecution system, particularly those that affect the development of procuratorial work and restrict institutional mechanisms issues.Any reform must be the need to build in the appropriate basis, the procuratorial system reform is no exception. Procuratorial system reform, not just scholars theory building, it is the country’s economic and social reform and development of the inevitable result. Prosecution system reform, both strong political motivation, is the development of our country an important part of political reform, as well as to promote the development of social reality Procuratorial system reform based on the theory of popular sovereignty theory and the theory of checks and balances. Prosecutorial system reform is the theory of popular sovereignty and the separation of powers theory and China’s current social realities combination product, at the same time, the reform of China’s procuratorial system, nor from the theory of popular sovereignty and the separation of powers theory support. In addition, China’s procuratorial system reform, but also have a profound constitutional basis, it is in the framework of the Constitution and laws, to promote the rule of law based on the principle of institutional reforms.China’s procuratorial system reform is related to the people’s democratic dictatorship construction, a matter of social fairness and justice, is related to protect people’s legitimate rights and interests related to the stability of society must be under the leadership of the party, actively and steadily push forward. Fundamentally, is to adhere to the Four Cardinal Principles, uphold the Party’s leadership, the people are the masters and the organic unity of the rule of law This is to promote the fundamental premise of the procuratorial system reform and a clear positioning. Meanwhile, the procuratorial system reform needs to "strengthen legal supervision, maintain fairness and justice " as the theme, in order to strengthen the supervision of judicial activities, safeguard judicial justice and strict law enforcement focus, based on the actual procuratorial work, focusing on the overall work of justice is required from the system according to the law to protect the independence and impartiality of the exercise of prosecutorial power, from China’s national conditions, reasonable and feasible options for reform, optimize the allocation of authorities from, improve judicial oversight functions, to strengthen the independence of the internal and external oversight and enhanced angles of actively and steadily push forward the prosecution system and working mechanism reform. Specifically, the proeuratorial system reform is to adhere to the " constitution " as established by the prosecution under the premise of legal supervision to safeguard the legitimate interests of the people as the fundamental starting point, prosecutors build a vertical leadership system, improve the prosecutorial configuration and coordination, strengthen the supervision and restriction of prosecutorial power, strengthen protection of an independent mechanism for the prosecution, which breakthroughs in the development of procuratorial work, institutional barriers, give full play to the procuratorial organs of legal supervision in the construction of socialist political civilization, and guarantee the realization of social justice and justice, as well as building a moderately prosperous society in promoting the proper role.