Establishment And Evolution Of Procuratorial Power In Modern China

From the late Qing Dynasty to the period of national government, the state is ill-fated, the national political situation changes intensely, and the constitutional movement surge high and sweep forward, as one falls. As for its essence, except from the controller’s political ambition and power construction, the " Chinese type " constitutional fate’s push, test line, imbroglio, even fight are the causes. In the constitutional evol ution, under the background of judicial reform, the modern procuratorial power, as a kind of new power form, boarded the stage of history and opened the first power localization test trip. At this point, the fate of the procuratorial power in modern China is accompanied by modern constitutional evolution, and is subject to state level power overall layout and indication. Of course, in the power development, the power boundary of modern Chinese procuratorial power has certain changes and initiative, can cope with the situation, and is flexible in the power structure and power type, this is self-evident. On the basis of the period from the late Qing Dynaety to the national goverment establishment and evolution of procuratorial power in modern china as the research object, this paper tries to discuss prosecutorial power in the national power allocation and power line panorama for analysis, under the changeable background of state constitutional pattern, reveals the constitutionalism in the leitmotiv of power evolution, to explore the historical deep enlightenment.The article is divided into five chapters, in turn.The introduction part, explains the study purpose and reason of the topic, reviews and summarizes the relevant research results of this thesis. It is pointed out the theoretical value of this thesis, and the thesis research methods used are described.Chapter I is about the modern procuratorial power start-up. From the two dimensions, that are the judicial reform and the received power in the process of constitutional monarchy, this chapter discusses the times background of modern procuratorial power’s establishment. It takes a specialized research on the causes why the new procuratorial system adopt the Japanese procuratorial pattern, the process of procuratorial system establishment, and the basic configuration of procuratorial power. Especially it studies the power configuration, power nature of the procuratorial power under Constitutional monarchy. This chapter also interprets and evaluates the importing criterion of power mode, the division of powers and power running status, and the procuratorial power’s role in the late Qing Dynasty legal system changes. But unfortunately, along with the scud of Wuchang revolution storm and the demise of Qing Dynasty’s feudal monarchy, be just unfolding procuratorial power and its system carrier bring the evolution of start-up period procuratorial power to. the Republic of china.Chapter II is about the reconstruction of the procuratorial power in modern times, in which the evolution of the constitutional government system and the judicial system in early Minguo period and the Northern Warlords are studied. It Points out that the three-power structural model of the republic constitution became a main basis for limiting power configuration of procuratorial power and power profile in reconstruction period. It makes a specialized research on the great changes of procuratorial system in warlord dictatorship, such as the demolishment of primary procuratorial departments, the appearance of military procuratorial agencies, the administrative tendency of the exercise of procuratorial power and the localization of procuratorial power. It also analyzes and explores other correlational factors of procuratorial system, such as the changes of procuratorial agencies and personnel configuration, and the cultivation of procuratorial talents. Some of the contents are related to the cognition and evaluation of power configuration and power nature of procuratorial power in constitutional authority. Some must be paid attention to in the study because they have a close relevance to the power operation and practice. It studies authority changes, power expansion and increase of administrative factors in the procuratorial power of reconstruction period. Based on the discussion of the power nature both in the level of national legislation and in the level of judicial practice, I draw my own conclusion. The procuratorial power in the Northern Warlords is evaluated, with a deep understanding of the procuratorial power in reconstruction period from the aspects of the influence of constitutional process on power evolution, the enlightenment of the route of power’s self-evolution, and power’s function in the law enforcement. But in fact, procuratorial power in reconstruction period was not reborn with power due to frequently fluctuant political situation and tangled warfare during the period of the northern warlords. Under the five-power constitutional system of national government, the ethos, trend and spirit of power contained in the process of power changes could be continued.Chapter III is the sequel of modern prosecutorial power. It studied the changes of the constitutional system of the Five Powers, traced the theoretical roots to the changes in the system, and analyzed the changes in the judicial system. The emergence of the system of combining juridical and prosecutorial branches at the constitutional level was concerned, the rank changes in the prosecutorial power, the strengthening of military prosecutorial power and the local procuratorial concurrent system were expounded. Factors on the procuratorial system configuration was analyzed as well. The article also studied the evolution of the morphology and exercise of the prosecutorial power to further understand the nature of power.Chapter IV is the the procuratorial design and arrangements in the movement of abolishing prosecutorial power. This chapter reviewed the initiation and rise of the movement, and studied the argument on the abolition of power reform scheme, finally illustrated the enlightenment of the campaign.Chapter V is the the judicial party’s prosecutorial power. During the National Government with the introduction of party governance jurisdiction was imprinted the party governance. Judicial party or non-party became the watershed in the evolution of modern prosecutorial power. Judicial party not only damaged the principle of the rule that the prosecutorial power is not involved in the party struggles, but also made prosecutorial power become the power tool to implement the party’s doctrines, resulting in the suffocation of the spirit of power, the alienation of power as a tool of party dictatorship. This chapter made a special study on the background in the rise of the judicial party, made an analysis of the elements to success in party governance and remarks against party rule, especially studied the spiritual implication, thrust and regulation, examples of the judicial party prosecutorial, and made a monograph on the effect of judicial party in running prosecutorial power.In the conclusion part, the paper stressed the thrust of the topic, reviewed the evolution of prosecutorial power in modern constitutional history to extract and summarize the enlightenment for current procuratorial system.