A Try On The Supervision And Restraint Mechanisms Of China's Procuratorial Power

The supervision and restraint mechanisms of china's procuratorial power is refers to the approach and process to supervision and restraint of china's procuratorial power by internal and external organizations and individuals.Its main classification has the supervision and restraint mechanisms of litigation and non- litigation;internal and external of supervision and restraint mechanisms. The separation of power theory, protection of human rights theory and the rule of law together constitute the legal principle theorty of law foundation the supervision and restraint mechanisms of china's procuratorial power. China's prosecutorial power of the internal supervision and restraint, the good aspects mainly display is the internal supervision and restraint system of prosecutorial power has taken shape, forming two obvious centers and the formation of two distinct vertical and horizontal main lines . But there are certain defects and shotrcomings : the higher authority procuratorial agency to limit quite a lot to the subordinate procuratorial agency's leadership ; horizontal supervision means monotonous, poor implementation; lack of standardization of construction and so on. China's prosecutorial power of the subjects of the external supervision and restraint maily include Communist Party of China, the People's Congress and its Standing Committee, the public security organs and people's courts, criminal cases litigant and other formidable sponsors people's supervisors and the news media. Overall ,the external supervisory mechanism of China's prosecutorial power is good and fruitful. Of course, there are also certain deficiencies and shortcomings. Perfecting the prosecutorial power of the internal supervision and restraint need to strengthen legislation to achieve within the terms of the prosecution division of a statutory body, clear expression; need to strengthen internal supervision and restraint of the law-based, standardized building; need to strengthen the prosecution on the lower level of supervision and interaction supervision; require prosecutors adhere to democratic centralism of the scientific decision-making mechanism. Perfecting the prosecutorial power of the external supervision and control mechanisms need to improve the prosecutorial power of the Communist Party of China's supervision and control mechanisms; need to improve the People's Congress and its Standing Committee prosecutorial power of supervision and control mechanisms; need to improve the public security organs and people's courts of China's Attorney the right of supervision mechanism; need to improve criminal cases litigant and other formidable sponsors on China's prosecutorial power of the supervisory mechanism; need to improve the people's supervisor on China's prosecutorial power of the supervisory mechanism and the news media on China's prosecutorial power of the supervisory mechanism.