Discussion The Rational Allocation Of Prosecutorial Question Of China

Prosecutorial Power, as an independent power, plays an important part in the system of the state power. We should pay more attention on the appropriate deployment of Prosecutorial Power, which is the basic content of this thesis.The study of the configuration of Prosecutorial Power mainly concentrates on the scope of the competence. The contents of Prosecutorial Power are influenced by the country's culture tradition, and politics. We tend to define the Prosecutorial Power as"the power, independent and important, is performed by the procurator to do public prosecution and supervision, which is for protecting the rights and interests of the nation and citizens."There are several points of view of the nature of Prosecutorial Power, which are called administrative power, judicial power and both, legal supervision power. In our country, Prosecutorial Power is the power for legal supervision, which decides the nature of it. The contents of Prosecutorial Power contain the superintendence of the constitution, the power to investigate a crime, public prosecution, the superintendence of the civil action and administrative proceedings. All of these are authorized by the constitution and law, which should be taken by the procurator's office.Reasonable deployment of Prosecutorial Power is the basic of efficient operation. The condition of the deployment in our state need more study work. This thesis analyses the history of Prosecutorial Power, the deployment of this power, and its nature and content. Then we discuss about the problems, and the advice to improve it.The Prosecutorial Power has a long history. People tend to take the system of"Yushi"as its starting. The Chin dynasty invites the system of the Prosecutorial Power. Now our system of the Prosecutorial Power is improving, however, there are also many problems.There are also problems in our deployment of Prosecutorial Power, just like the scope of the Prosecutorial Power is narrow, the power put into practice without force, and so on. The reasons of these problems maybe conclude that our legislation is not imperfect, the fragility of the power itself, our cognitions for the power are confused. To handle this, we should pay more attention on the deployment of Prosecutorial Power.Infer to the measures of improving the deployment of Prosecutorial Power in our country, the principles of deploying Prosecutorial Power should be discussed at first. Just like the principle of paramountcy of the constitution, the principle of legality, the principle of supervision according to law. The advices we give to improve the deployment of Prosecutorial Power are that to broaden the scope of this power, just like make the procuratorate could investigate the crime by technique; to enforce its practice for the achieve the purpose of the Prosecutorial Power; to add some rules make it more practical, and so on.