Power Control And Prosecutive Supervision--Some Issues On Prosecution Reform

There is no doubt that the establishment of legal systems becomes unprecedented important in our country under the influence of global economy and the policy of ruling state by law. Prosecution system is one of the legal systems, which will be perfected gradually in our country with hundreds of thousands of years feodal tradition and without the rule of law tradition. It is provided by constitution that the supervision shall be exercised by the People Prosecution. However, it is arguable that the function has not efficiently implemented as expected partly because of the defects of institution itself and partly because of problems existed in its action. The various views as to the nature of prosecution, the role, function, and status of prosecution institution may have prevented the function of prosecution. This essay seeks to clarify the mystery of the nature of prosecution in theory and to provide theoretical basis which is vital important to the reform of prosecution. This dissertation then states that prosecutive supervisionship, like administrative power and judicial power, is one of the fundamental constitutional powers under the principle of People Representative Meeting with YI XING HE YI and it must be strengthened and perfected basing on a comparative study on prosecutive supervision in some leading countries."Corruption results in power; absolute corruption results in absolute power". It is clear that power must be controlled which is one of fundamental principles in modern democratic states.This dissertation is divided into four parts and is approximately 35000 words.Part 1, a comparative study on foreign prosecution systemsIn this part, first of all in order to contend that the emerging of contemporary prosecution is to maintain legal implementation uniformly, this essay examines the history background in relation to prosecution systems in the UK, France, and the Soviet Union. Secondly it has been considered that the setting up and function of prosecution institution in some leading countries, such as France, Germany, the UK, and the USA. It hence comes to the conclusion that prosecutive supervision is the main function of prosecution in the countries mentioned above.Part 2, doctrines of the nature of prosecution and its analysisThis essay tends to clarify the mystery of the nature of prosecution by introducing and analyzing the relevant doctrines, namely, the doctrine of administration, the doctrine of judiciary, the doctrine of administration and judiciary, and the doctrine of supervision. It further asserts that the doctrine of supervision may prevail under principle of the People Representative Meeting with YI XING HE YI.Part 3, power and its controlIt contends that "check and balance" is essential in terms of power control in the politics context. Having said that, the relationship between power control and supervisory function has also been considered and the importance of supervisory function has been further stated.Part 4, some issues and recommendations on prosecution system and its reformBasing on the arguments concerning the supervisory function of prosecution, as stated above, it then focuses on the four following issues, namely, the weakness of supervision, the localization of leadership, the co-existence of localization and adminisation in prosecution's management, and the unreasonableness of budget in Chinese prosecution system. Additionally, some recommendations are presented in order that the supervisory function would be put into effect appropriately as designed.