| As the true actors of procuratorial power, prosecutors need to maintain a certain degree of independence during the course of maintaining fairness and justice. In the other words, prosecutors must be free from any interference and only obey the law. The independence of the porsecutors is decided by the procuratorical power and the judicial nature of procuratorial power. As one of the prosecutor's inherent attribute, the independence is of great significance to ensure that prosecutors can deal with cases very fairly and reasonably. If we blindly stress prosecutors'obedience to superior, it will not accord with the operation rules of procurational power and will inevitably lead to a certain degree of judicial injustice and the low efficiency. Throughout western judicial countries, the independence of prosecutors is one of the elements of procuratorial power independence. In our country, prosecutors'responsibility of handling cases also appear in attorney practice. In theory, the schloars have also put forward recommendations to give Chinese prosecutors more independence and autonomy. But at present, in theory or in practice, Chinese prosecutors still lack much space for the independent exertion of procuratorial power. And there are many factors of restraining prosecutors from exerting independently procuratorial power in the current prosecution system.In this paper, empirical and comparative analysis methods are employed. Having referred to the acquired research results, the paper first analyses the independent content of the prosecuting attorney in-depth. Stretching from the four aspects, the independent principal part, the independent object, the independent content and the independent relativity, it sums up the independent concept of prosecuting attorney, and further clarifies the relationship between independent prosecuting attorney and several related concepts. It's considered that the prosecuting attorney independence is the core and final end of the procuratorial authority independence, as well as the the specific expressing form of the prosecuting department independence. And also the opposite and unitive relationships between the independence of the prosecuting attorney and the procuratorial integrity are emphasized. The following demonstration on the legitimacy of prosecuting attorney independent exertion is based on several aspects, the objects of creating prosecuting attorney system, the regular patterns and characteristics of the procuratorial activities, the role of prosecuting attorney independence, the reforming trends of criminal litigation ect. The necessity of practising the institution about the prosecuting attorney indepence in China is discussed too. At last, based on the analysis of various restricting factors of prosecuting attorney independence in China's existing prosecuting attorney institution, the consummate route to China's prosecuting attorney independence mechanism is explored, with a view to contributing slightly to China's procuratorial mechanism reform. |
