A Study On The Independence Of Procurator In China

Briefly speaking, Independence of procurator means procurators independently exercise procuratorial power. The independence of procurator is an important content and symbol of civilization of ruling by law. Independence of procurator plays an important part in improving capable construction of lawful supervision of procuratorate, promoting justice fair and government by law, and realizing social development of harmony.However, at present, with regard to the recognition of nature of procuratorial power and organ, they are being disputed in theoretical fields, when referring to the independence of justice, the people of theoretical fields often pay more attention to judicial organ and judge from the narrow sense, otherwise, they seldom refer to the issue of independence of procuratorial organ, especially procurator in the process of executing procuratorial power. Due to the disadvantages of system and regime of justice, it often happens to intervene and impede procurators who exercise independently procuratorial power. Therefore, compared to the judges and policemen, procurators feel that it's so difficult to deal with the cases. At the same time, procuratorates are very embarrassed between worship of constitution and lack of lawful supervision.According to this situation, this article analyzes the basic connotation of independence of procurator, and elaborates the lightness of independence of procurator from the difference existing in lawful items and procurating practice. This article firstly finds out the factors of limiting the independence of Chinese procurators, and further puts forward to get procurators into professionalization, to deal with these relations among independence of procurator and leadship of CPC, NPC supervision, administrative organs. So that getting to the aim of independence of procurator in China.This article tries elaborating the necessity and importance of independence of procurators through above-mentioned discussion, and offers some advice and idea on solving the question of independence of procurators from the practice. Under the present social background, we must admit that referring to the independence of procurators is not real aspect, but discuss it from the narrow space. Therefore, it should be called quasi-independence. It's long way to realize quasi-independence. We must do some common things in daily life, so that we finally realize real independence of procurators. It's only to get to real independence of procurators, situation of ruling by law of Chinese society would be come true.