Research On Procuratorial Power By Functional Analysis

The development and changes of China’s and even the world’s procuratorial system are more appropriately described as "an amorphous organ",and the relevant issues of procuratorial power research have always been controversial.This paper takes the procuratorial power as the research object,focuses on the "function",pays attention to and analyzes the function of the procuratorial power,interprets the nature of the procuratorial power with the functional analysis method,and guides the function allocation and operation of the procuratorial power.The introduction introduces the origin,research status and research methods of the problem.The major changes since the 18th CPC National Congress have had a profound impact on China’s economic and social development,as well as the procuratorial allocation and practical operation.They have put forward the requirements of the times for the procuratorial power,and even raised questions about the procuratorial power.However,the reform also provides a perspective of functional needs for procuratorial theoretical research and practical innovation.The theoretical system of procuratorial power in New China has basically formed,but doubts and disputes always exist,and insufficient attention is paid to the function of procuratorial power.Inspired by functionalism and functional analysis methods,this paper introduces the perspective and methods of functionalism into the research of procuratorial power,focuses on functional analysis and uses it in combination with other mature research methods,and tries to interpret procuratorial power from different angles.The first chapter is "procuratorial power as a system".Procuratorial power is the object of this paper.This chapter interprets procuratorial power as an independent system.Procuratorial power is a kind of historical existence.Only by knowing where it comes from can we know where it goes.This paper combs the origin and development process of procuratorial power in our country.Procuratorial power also exists in reality.Clarify the composition of procuratorial function from the current legal provisions and lock the research scope of this paper.If the procuratorial power is regarded as a system,the functional structure analysis method can be used to analyze its system or structure.According to the necessary conditions for the survival and development of the system,this paper analyzes the four functional conditions of procuratorial power,such as adaptation,compliance,integration and model maintenance;According to the multi-level and separability of the system,decomposing and analyzing it at different levels is actually to further understand the procuratorial power through classification research.At the same time,as an independent system,the procuratorial power should be placed in other systems to study and compare,so as to clarify the positioning of the procuratorial power.Procuratorial power has an independent constitutional status in China’s political system.In the national power system,it has the relationship of supervision,restriction or cooperation with judicial power,supervisory power and administrative power.In the supervision system,it has its own characteristics.It is not only a specialized legal supervision,but also a limited legal supervision.The second chapter is "System function of procuratorial power".The function of procuratorial power is also a focus of this paper,which has unique significance for the subsequent research on the nature,configuration and operation of procuratorial power.In view of the lack of previous research methods on the function of procuratorial power,this paper determines the external system to be investigated,and takes the setting function,static function and external function as the extraction standard to play the role of evaluation and calibration of the expected function.This paper selects four external systems to extract their functions.As a state power,procuratorial power has the political function of realizing state rule and social management;The procuratorial power has the functions of restricting power,supervising power and compensating power in the power system,while the relief right belongs to the two aspects of power control;In the new era,we should pay attention to the function of procuratorial power in maintaining,repairing and optimizing order in social governance;At the same time,based on the perspective of functionalism,supplemented by the social role of procuratorial power,procuratorial power appears and participates in social life as legal guardian,public welfare spokesman,rights guarantor and social administrator.The third chapter is "the functional perspective of the nature of procuratorial power".The nature of procuratorial power is an inseparable theoretical problem in procuratorial research.The dispute over the nature of procuratorial power focuses on two issues:one is whether procuratorial power can exist as an independent state power,and whether it can be independent of judicial power and administrative power in the face of legal supervision power,that is,it recognizes the nature of procuratorial power as legal supervision power.In this regard,this paper analyzes the identity of the nature and function of procuratorial power from the perspective of function,and demonstrates the necessity of legal supervision mainly from the level of national institutional arrangement.There is a demand for supervision function in several aspects,such as Lenin’s ideological basis of legal supervision,the original intention of national institutional arrangement and the needs of the times of national governance.The reform of the national supervision system has not only triggered a new round of doubts about the procuratorial power,but also provided space for the research and development of the procuratorial power,suggesting that the national institutional arrangement is based on the needs of function,and the procuratorial power as an independent power has been proved.The two have obvious differences and can coexist.Second,the rationality of legal supervision.Even if the procuratorial power can be regarded as an independent power,there are different views on whether the procuratorial functions have the nature or function of legal supervision,or whether they have realistic rationality and legitimacy.In the face of many questions in reality,we should establish a basic idea from nature oriented to function oriented,so as to analyze the rationality,legitimacy and necessity of the procuratorial supervision of arrest approval power,litigation supervision power,reserved duty crime investigation power,public interest litigation power and administrative illegal acts,and draw a conclusion that all procuratorial functions are unified in legal supervision.Chapter Ⅳ " Perfect allocation of procuratorial power".This chapter discusses the function allocation of procuratorial power,changes the previous method from qualitative analysis to quantitative analysis,and follows the idea that function determines function.At present,there is a gap between the allocation of procuratorial power and functional requirements,the functional positioning is not clear enough,there is still room for functional optimization,and the functional integration may be alienated.Therefore,it is necessary to carry out the layout of procuratorial functions around functions.In order to meet the functional requirements,optimize the functions and integrate the functions,this paper puts forward some suggestions on the improvement of the functional allocation of procuratorial power:first,the optimization of procuratorial functions.Criminal procuratorial is facing the opportunity of innovative development.We should strengthen the leading function of procuratorial work by focusing on the lenient system of guilty plea and punishment,the criminal justice policy of less arrest and cautious prosecution and cautious custody,and the enterprise compliance reform;According to its law,the supervision of civil administrative litigation should be committed to realizing the leading function of the rule of law;Second,the expansion of procuratorial functions.Public interest litigation and administrative illegal procuratorial supervision reshape the pattern of legal supervision and break through the limitations of litigation supervision at the practical level.In the development,we should pay attention to giving full play to its collaborative function.We should not only explore and expand the scope of supervision,but also pay attention to maintaining the necessary limitations;Third,improve the structural functions.The procedures and methods of procuratorial organs’legal supervision also determine the exertion of their functions.Select the widely used methods of legal supervision,such as investigation and verification,procuratorial suggestions,procuratorial hearings,and the procurator general attending the judicial committee for research,and put forward suggestions for improving their functions in combination with the problems and deficiencies in practice;Fourth,explore the integration of procuratorial functions.Various procuratorial functions are connected with each other.They should be integrated and connected with each other,and effectively integrate procuratorial functions through functional planning,"solidification" functions,case handling cooperation and comprehensive application.Chapter Ⅴ "The reform of the operating mechanism of procuratorial power".This chapter discusses the operation mechanism of procuratorial power with the method of functional analysis.The realization of the function of the procuratorial power depends on the operation mode of the procuratorial power,and the reform is the adjustment in response to the mechanism problems in the independent and fair exercise of the procuratorial power according to law.The reform mainly reflects the increase or decrease or adjustment of the structure caused by the functional needs,especially the reform of the judicial responsibility system provides the conflict and adjustment mode between the structure and function of the procuratorial power,but it also produces the coordination and balance between the structure and function.Under the methodology of function guidance,this paper selects the power operation system,procuratorial organization system,accountability system and procuratorial business system as subsystems,analyzes the discomfort of structure and function,and puts forward relevant improvement suggestions,that is,regulating the functions of "authorization"and "control",strengthening the construction of case handling organization,reconstructing judicial accountability system and balancing business evaluation system,so as to eliminate structural conflicts and realize functional coordination.The conclusion part makes a macro outlook on the development of procuratorial power from the starting point of the new era.On the basis of adhering to the nature of the procuratorial power,it is expected that the procuratorial power will play a role in the implementation of the constitution,such as protecting citizens’ rights and freedoms,controlling public power,maintaining social order and maintaining the unity of the legal system.