Procuratorate Power In Judicial Independence

Procuratorate power in judicial independence, actually, means executing the procuratorate power independently. With the further judicial reformation, both judicial academe and practice are improving their perception of judicial independence. However, in terms of discussion and research on judicial independence, the academe usually focuses on jurisdiction with limited attention to the independence of procuratorate execution of procuratorate power as a state judicial body, as a result of western narrow view on judicial power.This article is supposed to and start from trail of a true criminal case and analyze elements and its ways to affect the procuratorate decision making. Furthermore, this article will include the description of procuratorate independence, discuss the reason of procuratorate independence and dissertate elements affecting independent execution of procuratorate power with reference to cases. At last, proposals regarding how to realize the independent execution of procuratorate power will be presented with basis of ways and reason to rebuild Chinese procuratorate system.Due to limitation of length of this Article, it is impossible to have systematic and complete dissertation on the problems in the independent execution of Chinese procuratorate power, but this Article focuses on a real case and it is expected to disclose the inevitable practical problems in execution of procuratorate power by analysis on the material judicial process in practice. Some personal opinions are delivered hereby as well on the solution of these problems.