On The Prosecutorial Supervision Power

Lennin's theories of socialist country's prosecutorial power and legal supervision provide a theoretical base for the formation and development of china's prosecutorial supervision power. After the founding of the P.R.C, the prosecutorial organizations are stipulated as the state's legal supervision departments. In the recent judicial reform researches, however, there is much controversy on the nature and even on the abolishment or preservance of the prosecutorial supervision power of the prosecutorial organizations. In the study of prosecutorial supervision power, deep theoretical discussions must be carried out on such issues as the relationship between the prosecutorial power and the prosecutorial supervision power, the comparison of the prosecutorial power and the administrative and judicial powers, the relationship between the presecutorial power on the one hand and the public prosecution power, the power to approve arrest, the power to conduct investigations on the other hand. Some researchers argue, starting from the logic point of the theory of division of three powers and the centralism of the judicial power, that the prosecutorial supervision power is unjustified. Enlightened by ancient China's system of Yushi (the emperor' s envoys) and in the light of recent work experience, the author of this article holds that the existence and its independence of this power is of great significance to guarantee the judicial justice. Specifically, the author probes this power's features from three aspects: its nature of procedure and litigation, and its main focus on the crimes by state functionaries by taking advantage of duties. Furthermore, the author demonstrates its justification required by the judiciary practice, and finally, puts forward a few proposals on improving the procedures in this respect so as to strenghthen the effect of the prosecutorial supervision.