Transmutation From The Multiple Structure To The Unitary Structure

Both at home and abroad, most scholars' research on prosecuting power often stays on the aspect of qualitative analyses or classification of prosecuting power, but lacks the real analysis and the standpoint of a distinct structure.My research begins from the basic concept of prosecuting power and the structure of prosecuting power, bases on the overview in the present stage and the regulation of prosecuting power in our constitution and law, thus criticizing the meaning of our prosecuting power and the problem of its essential structure. The development of the structure of prosecuting power is based on the analysis of the power, and the structure refers to the classification of prosecuting power and the interaction between each component. Our prosecuting power is not a unitary structure, but the complicated multiple one composed of three kinds of power (even more), which becomes the origin of problems of our prosecuting power system. The doubt of the multiple structure manly focuses on the conflict between prosecution power and the power of legal supervision, and this objective conflict belongs to the multiple structure, whose existence not only influence the quality of prosecution power and the effect of the power of legal supervision in the structure directly, but more importantly results in the fundamental crux of problems in our prosecuting system, which unavoidably brings us the embarrassing situation in practice: while the power of legal supervision is weakened, the effectiveness of prosecution is also influenced directly, all of which will make the justice and science of the procedure seriously destroyed.While seeking to solve the multiple structure problem of our prosecuting power, I base on the judicial reality of our country, use foreign advanced experience for reference, some suggestions and designs in the reform of our prosecuting system,especially the setting of prosecuting power: reform the structure of prosecuting power from the multiple style to the unitary one, adjust the structure of our prosecuting power thoroughly, separate the power of legal supervision from the prosecution power, and construct the unitary structure mode of prosecuting power, then take related measures.