A Study On The Anti-corruption Functions Of Our Procuratorial Organs

The procuratorial authority is an organ of legal supervision stipulated by the Constitution of China, sharing powers with the administrative and judicial departments and having an equally important Constitutional status with them in the nation's power distribution system. The anti-corruption function is a key embodiment of the supervisory power of the procuratorial authority. Within China's anti-corruption system, the procuratorial authority and the discipline inspection department constitute two of its mainstays. This thesis places the procuratorial authority's anti-corruption function against the grand backdrop of the nation's power system and anti-corruption regulation system. Beginning with the basic theories of the procuratorial power and the anti-corruption function of the procuratorial authority and on the basis of the investigation into the history of its anti-corruption function, the thesis further analyzes the current status and efficiency of the procuratorial authority in China's anti-corruption system as well as its interrelations with other anti-corruption mechanisms, and also carries out empirical study. Through the research and review of history and today's reality, this thesis presents the fundamental means of reform and development of the anti-corruption function of the procuratorial authority. With the purpose of conducting the above-mentioned study, this thesis is composed of an introduction and five chapters.The introduction part mainly concerns the intention and significance of this thesis, as well as the current state of research on this issue based on the existing research findings and their drawbacks, and also concerns the research methods and key points of innovation of this thesis. The anti-corruption research in our country mostly concentrates on the study of the overall institutional theory, which values the macroscopic view but ignores the study on specific anti-corruption rules and regulations, not to mention the study on the anti-corruption function of the procuratorial authority. Based on the procuratorial authority's anti-corruption function, this thesis strives to demonstrate the general picture of this function and put forward the idea of reform by applying historical analysis, empirical study and multiple research methods.Chapter One focuses on the legal basis of the procuratorial authority's anti-corruption function. This chapter discusses the definition of corruption and that of procuratorial power from the perspective of public prosecutors, and also studies the definition of procuratorial power from the constitutional standpoint. The procuratorial power pertains to the right of legal supervision, but not equal to it. The anti-corruption work of the procuratorial authority has its constitutional basis. The structure of the procuratorial authority's anti-corruption function comprises four parts, namely, reconnaissance function, lawsuit function, corruption precaution function and anti-corruption education. Among these four functions, reconnaissance function is in the core position, upon which other functions are established. The four functions interact with one another and operate in an organized manner. There exists an essential difference between the procuratorial authority's anti-corruption function and other anti-corruption-related powers, such as the discipline inspection power, audit rights and judicial power. Meanwhile, they are also interrelated, working together to establish China's anti-corruption system. The final part discusses the development and improvement of our procuratorial authority's anti-corruption function after the founding of People's Republic of China.Chapter Two focuses on the disadvantages and transformation of the anti-corruption system led by the Party. This chapter discusses the anti-corruption system under the dominant leadership of our Party, its disadvantages and its transformation orientation. At present, the anti-corruption mode featuring the manipulation of the Discipline Inspection Commission cripples legal authority, and hinders the legalization process of anti-corruption. Against the backdrop of Rule of Law, the boundary between the Party committee leadership and the concrete anti-corruption work must be clarified. The anti-corruption mode with the Party performing the dominant role should be transformed to the mode with the procuratorial authority playing the central role under the guidance of the Party, so as to clarify the limits among the Party's main responsibility, the Discipline Inspection Commission's supervisory responsibility and the procuratorial authority's implementation of the anti-corruption function, and to bring our country's anti-corruption work into the legal governance channel.Chapter Three concerns the contemporary practice of the procuratorial authority's anti-corruption function in China. This thesis recognizes that our anti-corruption system pertains to the anti-corruption system led by the Party, which plays the central role in the construction of relevant duties. Two anti-corruption mainstays, the Party's anti-corruption and the state organs'anti-corruption, were derived from the system, with the CPC serving as the core. The discipline inspection and supervision organs act as the pillar of the Party's anti-corruption work, while the procuratorial authority acts as the pillar of the anti-corruption work on the national level. Embracing these two pillars, anti-corruption organs of various types are also rendering their support. Based on this, the thesis conducts deeper analysis into the Party's anti-corruption and the state organs'anti-corruption. Next, this thesis carries out dual investigation into the procuratorial authority's anti-corruption function on both the institutional level and the practical level. Regarding the institutional level, the thesis sets its sights on the issues like the functional department of the procuratorial authority, its basic working procedure and the formulation of anti-corruption regulations. The practical level is based upon empirical study, applying data to study the basic condition of the procuratorial authority's anti-corruption function and its efficiency and standardization. The thesis figures out the problems that occur during the fulfillment of the procuratorial authority's anti-corruption function.Chapter Four concerns the investigation into the anti-corruption function of major overseas procuratorial authority. "Stones from other hills may serve to polish the jade of this one." Through the review of the anti-corruption system and the procuratorial authority's anti-corruption function in the United States, Britain, German, France, and such Asian countries as Singapore, Japan, South Korea, and China's Taiwan and Hong Kong, the thesis figures out the main reasons for the notable efficacy of anti-corruption work in major overseas countries. The first reason lies in the sound rule of law and deserved constitutional authority; the second reason lies in stronger independence, which enables the procuratorate to combat corruption with adequate authority; the third reason lies in the improvement and perfection of the powers and functions of investigation, including the technical reconnaissance means and the right of compulsory process. Multiple factors together contribute to the outstanding efficiency of the procuratorial authority's anti-corruption function in the above-mentioned countries and regions. Chapter Five concerns the prospect of reform of the procuratorial authority's anti-corruption function in China. Based upon the study on the issues mentioned above, this thesis presents the orientation and specific means to reform the procuratorial authority's anti-corruption function in China. The fundamental direction is to base the reform on the latest round of reform of the judicial system and anti-corruption system, and the procuratorial authority's existing anti-corruption framework, while abandoning such methods as making a fresh start and constructing the so-called National Anti-corruption Committee. Regarding the specific means, this thesis suggests integrating the anti-corruption department, the department of corruption and other functional departments of the procuratorial authority into a General Anti-corruption Bureau directly under the Supreme People's Procuratorial authority by creating a system of its own and separating itself from the affiliation with the local procuratorial organs at all levels.