Study On Chinese Procuritorial Powers Under The View Of The Constitutionalism

While the judicial system reform launches with full swing, the legal sciencetheorists have proposed their views and suggestions as to the direction of the reform.Furthermore, more and more scholars research thoroughly into the inspection systemand proposed different ideas. Among various theory discussions, the localization ofinspection power decides the direction of the reform and the development ofinspection enterprise. As to the localization of the inspection power, the author holdsthat the Chinese inspection power should be localized in the legal supervision power.Part one is about the history of inspection power, which reveals the essence of theinspection power from its history. Civil law inspection system originated in Francewhile the American inspection system is the typical representative of commonlaw.The functions of these two legal systems are consistent with each other, that is,the judicial inspection body. As a national power, inspection power is closely relatedwith a country's constitutional ideals, political framework, and the configuration ofpower. In the history of the world inspection development, the Soviet Union'sinspection system is the most direct source of the socialist countries. The function ofYUSHI system in ancient China is similar to that of the inspection system. However,there are some great differences. The inspection system in end of the Ching dynasty isobviously influenced by the Japanese judicial and procuratorial system. Part two is an overview of the rights to legal supervision of China's procuratorialorgans. At present the academic world has several kinds of divergent viewpoints as tothe Chinese procuratorial power's attribute－the executive power, judicial power, dualattributes, and legal inspection. The author agrees that the right to legal inspection. Theauthor believes that we can not copy the concept of foreign powers. The localization ofthe attribute of inspection power is both related to the international and native law.Besides, the author makes a detailed analysis of the constituent elements of the legalsupervision and a comparison among the legal supervision right, the supervision of themasses and the administrative supervision.Part three is about the operation of the legal supervision of China's procuratorialorgans. By using the cases in actual work, the author discusses in detail the operationof prosecution authorities on the investigation file for supervision. Besides, the authortalks about the procuratorial organs'legal supervision to the judicial organs, includingthe supervision to the criminal trial and civil and administrative trial.Part four is the perfection of Procuritorial power in the view of Chineseconstitution. The author analyzes the reasons why Chinese Procuritorial power shouldbe reformed, say, the prosecutor's concept of legal supervision is not strong; lack oflegislation; the dual leadership system of China's procuratorial organs. Finally, theauthor proposes to take the corresponding measures, including enhancing theawareness of legal supervision, further improvement of legislation, straightening outthe leadership structure and strengthening the supervisory functions of Procuratorialorgans.