Research On Prosecutorial Power In The Development Process Of Modern Countries

The procuratorial power,as a state power clearly defined in the Constitution of our country,is more simply to study it in the judicial field of law or speech.However,as a product of the distribution of state power,we need to analyze it from the perspective of modern state construction and governance.The modern meaning of “country” as a term began to be recognized and adopted by more and more scholars in the social science pedigree.Compared with the political form in the traditional sense,the modern state referred to in this article has two basic characteristics,one is “nation-state” and the other is “democracy-state”.Based on this,the basic elements of modern state construction are human rights awareness and democratic concept;separation of state and religion and national identity are the organizational elements of modern state construction;legal system and bureaucratic hierarchy are the institutional elements of modern state construction.As a product of the modern state,the procuratorial power is established in order to achieve a specific national purpose,and in accordance with the rule of law,in accordance with the principle of separation of powers and checks,a set of systems and institutions and personnel established in accordance with the requirements of specialization.The modern state procuratorial power is not born out of thin air.It is a state power established by the modern state for the sake of state governance and established in accordance with the principle of power distribution and gradually institutionalized.Therefore,its formation and development are all strong.The color of modern state governance.Tracing the formation of the modern state procuratorial power,it can be considered that the modern state procuratorial system originated from the concept of“agent” in ancient Rome,and then to the “king agent”,after continuous development and institutionalization,“public prosecution” gradually surfaced..For the prosecution process,the church’s ability to rule the Christian world continues to grow as Christian believers continue to pursue and strive for it.In the field of litigation,it is the theoretical argumentation of the church jurists and the devout faith pursuit of the clergy,which intentionally or unintentionally shaped the new litigation mode.The clergy of the Holy See have become more rational and professional in prosecuting the intervention proceedings.The emergence of royal prosecutors is mainly the need for the centralized and unified political power of the king,and the function of the old king agent is transformed into a specific legal function in the field of judicial proceedings,giving the king agent a specific legal status and inheriting the church law.The related system design and functional division of labor eventually evolved into a specialized professional bureaucracy and its system embedded in the national governance system.For the modern state governance system,the procuratorial power plays a role in the political dimension,the social dimension,and the legal dimension.In the political dimension,the procuratorial power is mainly to ensure the unity and correct implementation of the national law;in the social dimension,the procuratorial power is to achieve fairness and justice with the objective position of “legal guardian”.In the legal dimension,the procuratorial power introduces the issue of state governance into the judiciary and makes some issues in state governance judicial.Next,by analyzing the procuratorial powers in the power structures of different modern countries and regions,it can be seen that in the procuratorial power,the civil law countries or regions generally prefer the concept of crime control,while the British and American countries tend to respect the procedural view.Although there is no significant difference between the two in maintaining the proper social order and protecting the legal rights,the overall value of the rights and interests of the law is obviously different.In the study of China’s procuratorial power,through the analysis of the “Common Program”,the “May 4th Constitution”,the “Seventh Five-Year Constitution”,the “Seventh-eighth Constitution” and the “82 Constitution”,it is clear that the procuratorial power is a country in the “Common Program”.The form of power distribution appeared,and in the Constitution of the May Fourth Movement,its exercising organs obtained the status of independent exercise of this power.However,due to historical reasons such as the Cultural Revolution,the procuratorial power was abolished in the Seventh Five-Year Constitution,but it was restored in the July 8th Constitution;it was finally clarified in the August 28 Constitution.However,the procuratorial power in the text can only reflect the concept of procuratorial power in the legislation of Chinese legislators.Therefore,by analyzing the work report of the Supreme People’s Procuratorate for forty years and investigating the actual operation status of the procuratorial power of a municipal procuratorate,Reflects the actual operation of the procuratorial power in China.The forty-year “Work Report of the Supreme People’s Procuratorate” reflects that the central work in the early stage of the restoration of procuratorial power is to maintain public security and combat economic crimes.In the early days of the “82 Constitution”,the procuratorial power played a role in the regular maintenance of public security.It is also reflected in economic crimes,the crackdown of duty crimes,and the strengthening of supervision functions.In the period of steady development,in addition to continuing the work of the previous period,it is also strengthening the legal supervision and focusing on team building;finally,it is constantly revised and developed.During the period,the procuratorial power gradually went on the right track,and the focus of work was also on strengthening team building.Through communication with the procurator of the internal affairs of the S City Procuratorate,the organization structure of the S city procuratorate,the functional characteristics of each business and functional department,and the performance of the legal supervision authority of the whole hospital were learned.Finally,by combing the development of the procuratorial power in China’s constitutional system,and by analyzing the work report of the Supreme People’s Procuratorate in the past forty years,and analyzing the empirical investigation of the S city,we can find that the procuratorial power in China is in the system design and power operation.The level has its own name.Finally,after analyzing the concept of modern state,the construction and procuratorial power of modern countries,and sorting out the ideas and institutional sources of procuratorial power formation,the paper analyzes the function of procuratorial power in modern state governance system.Furthermore,through the analysis of different modern countries or regions and China’s procuratorial power,the main development direction of modern state procuratorial power is to fully improve the public prosecution system.The constitution’s positioning of the procuratorate is the state’s legal supervision organ,and the procuratorate’s approach to exercising the legal supervision function is to regulate the operation of power and achieve supervision in handling cases.Whether it is to improve the public prosecution system or fully perform the legal supervision function,the most important way is to improve the organizational system and moderately procure the procuratorial power,so as to promote the professional construction of prosecutors as an important promoter.