A Study Of Orientation Of Procuratorial Power And The Reform And Improvement Of Procuratorial System

The premise of reforming China's procuratorial system is ascertaining the legal orientation of procuratorial power, which not only is a fundamental theoretical problem, but also relates to the direction of procuratorial system reform and the development of procuratorial work. The academe always argues on the nature of procuratorial organs and procuratorial power. In practice, procuratorial power is rarely realized, which influence the implementation of procuratorial work in order and the process of procuratorial system reform. Nowadays most scholars at home and abroad orient the procuratorial power according to the constitution of three powers or Soviet Union pattern. One point of view insists that the organic system and operative norms of "procuratorial integration" embody obvious characteristic of administration and procuratorial power belongs to administrative power, so procuratorial organs should be removed from the judicial system; Some others argues that procuratorial power is judicial power and the combination of judicial and procuratorial organs; The third point of view holds that procuratorial power bears dual properties of judicial power and administrative power. In China, Some people regard procuratorial power as legal supervisory power independent of judicial power and administrative power. In conclusion, the legal orientation of procuratorial power in China is not enough standard and detailed, which brings about a lot of puzzles and disputes inprocuratorial theories and practices.This paper is based on China's procuratorial practices and the fact that the constitution endowed procuratorial power with independent position in the national power structure and the political system. Starting with the legal definition of procuratorial power and its historical origins, the author reviews and uses for reference the reasonable factors and the development trend of procuratorial reforms abroad and studies thoroughly procuratorial power's status and nature in China's constitutional system by employing the principles of jurisprudence and procedural law and the methods of comparative law. In this paper, procuratorial power is a kind of special power exerted by national procuratorial organs independently according to the constitution and laws. Procuratorial organs take public prosecution in the state name and investigate the crime of a specific subject to maintain national interests and supervise the law enforcement. Procuratorial power has several characteristics as follows: statutory, independent, exclusive, procedural and discretionary.There are still many limitations in China's current procuratorial system. (1) The legal orientation and duties of procuratorial power are not clear and detailed; (2) Dual leadership system makes it difficult for procuratorial organs to exercise procuratorial power independently; (3) The bureaucracy exists broadly in current management system of procuratorial organs; (4) The shortage of finance and talents restricts the development of procuratorial power; (5) The localism problem of procuratorial power is prominent; (6) The enforcement of procuratorial power is restricted by inner factors and other powers; (7) The lack of supplementary programs affects the enforcement of procuratorial power.The author brings forward eight suggestions in order to solve above-mentioned limitations. (1) Providing procuratorial organs with more legal basis to exercise procuratorial power independently; (2) Reforming current leadership system in procuratorial work to ensure effective enforcement of procuratorial power; (3) Improving the management ways of procuratorial organs; (4) Harmonizing the supervisory function of People's Congress with the independence of procuratorial organs; (5) Improving the ways of supervision on procuratorial organs by People'sCongress; (6) Reinforcing the legal supervision of People's Procuratorate; (7) Improving legislation to dredge the channel of legal supervision; (8) Improving procuratorial personnel's professional qualities.