On Procuratorial System In Modern Rule Of Law

Constructing a country ruled by law is the rational choice and goal of human society. But the beginning of ruling nation by law, we must establish the principle that law is the paramount; under the legal system use the power to restrict power, to secure the basic rights of citizens; build a complete and independent judicial system to restrict the power and protect the rights; pay much attention and consolidating the procuratorial system to guarantee a judicial justice. There is a closely relationship between the procuratorial system and the moderrvrule of law.The procuratorial system itself grew out of modern rule of law, and it should meet the needs of rule of law.On the history of human civilizing, the formatting and developing of judicial system passed through several stages: official adjudgement replaced the private revenge;jurisdiction departed from administration in the function of country, formed the special judicial institutions and system; then in the judicial system itself, judgement departed from prosecution, and procuratorial system formed at last. The decisive power of this formulating course originated from the current situation and immanent requirements of the modern rule of law.Procuratorial system is a very important part of the organism that constitutes the power of society control. Its basic function of realizing and preserving the order of the rule of law, mainly includes :to prosecut crime, to protect human rights, to safeguard public interests and to ensure judicial justice.We must reform and develop of procuratorial system in order to propel the rule of law forward. Nowadays world, different procuratorialsystems learning each other and integration, intensifying the function ofprocuratorial institution, and the completeness of procurator management system, are likely to be the main trend of reform and development of international procuratorial system. The reform of the procuratorial system of China generally should follow the principle of the rule of law, respect and agree with the reality of China, be gradually carried out step by step, in order to set up a procuratorial system with Chinese characteristics.