On The Constitutional Characterization And The Configuration Mode Of The Prosecutorial Power

According to the current Chinese constitution, the prosecutorial organization is characterized as a national legal supervision organization, and the power of which is characterized as a kind of legal supervision power. But in recent years this view has been repeatedly challenged by many different theories, which reflect on four points: 1, the theory of administrative power. 2, the theory of judicial power. 3, the theory of dual attributes. 4, the theory of legal supervision power.I think that the prosecutorial power can be regarded as a judicial power in some ways, but its essence remains an executive authority. Based on the theory of the constitutional structure of state power and the rule of law , the prosecutorial power is re-classified as a executive power in this paper. Take into account of the systems of each country and the Chinese prosecutorial realities, some existing prosecutorial systems of china should be reformed and remodeled, which is also the requirements of a constitutional government.