Study On The Political Function Of Chinese Procuratorial Power In State Power Structure

Procuratorial power is an important part of state power structure in China.However,it has been studied only by legal theory especially procedural legal theory.Study of politics on procuratorial power is seriously absent,and can't reveal the relationship between procuratorial power and state power structure,can't reveal the rationality and superiority of its legal orientation,and can't reveal its political function in state power structure.As a result,the orientation of Chinese procuratorial power is controversial,some scholars even suggest cancelling its constitutional orientation which is legal supervision.In practice,it is unilaterally viewed as element of judicial power,and confined to the supervision of judicial activities and litigious activities,which impedes its construction and function exertion.Therefore,study on procuratorial power has significant theoretical value and practical value,should be a major issue of political theory and a major task of political scholars.In a new era,China has been comprehensively advancing rule of law,political structure reform,and the modernization of governance system and capability.These realistic circumstances and development trends make an appeal to politics for studying the political function of procuratorial power in Chinese state power structure.Existing studies on procuratorial power didn't combine structure and function,didn't put it in state power structure to analyze its function,and didn't make targeted advices.To overcome these shortcomings,this paper regards procuratorial power as a kind of political power,and on this basis,uses the fundamental principle of political science to study it.The core problem is political function of procuratorial power in Chinese state power structure.This paper mainly applies the theoretical model and analysis method of structural functionalism to a special research on the above problem.Structural functionalism takes system and structure as the basic concept.System in this paper means state power structure or the system of state power structure,both of which are in common sense.At the same time,procuratorial power is equivalent to political structure,its political function is equivalent to the function of this political structure.More precisely,the relationship between state power structure and procuratorial power is mainly reflected in the status and role of procuratorial power in state power structure.As the representative of state interests and social public interests,procuratorial power and its holder — procuratorial organ and procurator should safeguard the unified and correct implementation of the state constitution and law.Therefore,to inspect and prosecute illegal and criminal acts in accordance with the regulation of constitution and law,namely,the power of state supervision,should be the foundation of its political function in state power structure.The evolution of procuratorial power in state power structure has experienced a historical process.Procuratorial power and state power structure is related in two aspects: on the one hand,the practice of procuratorial power constitutes the historical and realistic basis of its political function in state power structure;on the other hand,examining procuratorial power from the perspective of state power structure,will help to further clarify the realistic situation of its political function in state power structure.The main political function of procuratorial power in state power structure is political ruling function and political management function.The former consists of safeguarding the security of regime,maintaining the legal order,supervising and restricting the power.The latter consists of safeguarding the social order,maintaining the public interests and protecting the civil rights.At present,China should always adhere to the legal supervision orientation of procuratorial power,allocate procuratorial power scientifically and rationally,improve the operation mechanism of procuratorial power,and promote the construction of procuratorial specialization in depth,so as to promote the continuous improvement and effective exertion of its political function.