A Study Of Transplanting Prosecutorial System Into People's Republic Of China From Former Soviet Union

The current prosecutorial system in China was reestablished between the late 1970s and the early 1980s. However, the academic circles hold different opinions on current prosecutorial system reform which was sharply contrasted with the stable existence of current prosecutorial system and constantly strengthening of legal supervision. By adopting a nativism stand which is more historical and realistic to conduct a special research on the prosecutorial system in terms of legal transplant, the thesis aims to ascertain the internal mechanisms of the stability of new china's prosecutorial system. Existing domestic related system resources can hardly meet the needs of new China's development on account of the times requirement, political factors and own limitations before the transplantation of former Soviet Union's prosecutorial system. Under the circumstance, it became a historical necessity to transplant prosecutorial system from former Soviet Union based on common ideology and similar political power development needs. As a legal transplant donator, the former Soviet Union's prosecutorial system was established under the guidance of Lenin's legal supervision which have profound domestic background. New China had done a lot of work in theory transplantation on the former Soviet Union'prosecutorial system. From the historical survey and comparative analysis of transplanting legislation process, we could find that on the one hand, new China transplanted many contents of former Soviet Union'prosecutorial system to satisfy the needs of political power construction; on the other hand, the main content, which includes the constitutional position, leadership system and power distribution of former Soviet Union's prosecutorial system, had been locally transformed in virtue of different internal background and political situation change. However, new China's prosecutorial system still contains a number of legal culture factors, including traditional legal cultural elements such as ancient censor system, authoritarianism and broadly politicization, centralization, extensive political and legal cultural element formed by"national character","party leadership"and"democratic centralism"etc. The existing of localization of transplanting content and local legal culture constitutes the system of new China's prosecutorial Due to the establishment of Chinese own prosecutorial system by transplantation, China could take the road of localization, take charge of series of political and social functions which are internal mechanisms for the prosecutorial system stability of new China. At last, as a"political guide country", there are some characteristics in legal transplant in our country that the core of them is how to deal with the relationship between legal transplant and the political authority's political guide.