About The Realization Of The Scientific Disposition Of The Procuratorial Power In Our Country

At present, there exist serious disfigurements in the Disposition of the procuratorial power. It is lacking in functional power and incomplete in constitutive power. The present situation of disposition of the procuratorial power and both the disfigurements require that the procuratorial power should be collocated scientifically. In order to do that, we must follow the basic principles and the general rules to collocate the procuratorial power. The basic principles for collocating the procuratorial power mainly include the following: the principle of judicatory rules, the principle of the ancient serving the present and the foreign serving China, the principle of the integrality of the power structure, the principle of the restriction and collocation of the decision-making power, the supervisory power and the administering power and the principle of the nature of modest restriction. The general rules are as follows. One, the power collocated to the procuratorial department is mainly for procedure. Two, the power collocated to the procuratorial department is being enriched and enlarged continuously. To collocate the procuratorial power, the functional power should be developed and extended and the constitutive power be reinforced and consummated. As for the scientific disposition of the procuratorial power, four main points of view will be stated. One is in terms of the criminal procuratorial power. About the criminal public prosecution power, I suggest enlarging the applying range of the relative non- prosecution, canceling voluntary investigation, granting the suggesting power of discretion of punishment and withdrawing the right to sue. About the procuratorial power against duty crimes, I suggest strengthening investigation measures, consummating the right of self-investigation, definitely regulating the right to prevent duty crimes. About criminal litigation superintendence, I suggest consummating supervising measures with criminal registering supervision, investigating supervision, trial supervision and administering supervision. Two, in terms of civil procuratorial power, the right of public prosecution in civil cases should be granted to the procuratorial department and the civil action superintendence should be consummated. Three, in terms of administrative procuratorial power, the right of public prosecution in administrative cases should also be granted to the procuratorial department and the administrative law superintendence should be consummated. Four, in terms of procuratorial power to supervise administrative executing the law, the procuratorial power should be extended and the procuratorial department ought to have the right to legally supervise whether or not the department to administratively execute the law adopting administrative forcing measures and punishing movements involved in citizens' personal rights and property rights of citizens, corporations and other social communities is legal. This is procuratorial power to supervise administrative executing the law. Detailed collocation is also done to this authority. These four procuratorial powers make up the main body of procuratorial authority of socialism with Chinese characteristics. They will surely cause the fair and effective socialist judiciary to be realized earlier and they will also lay a solid foundation for the procuratorial department performing procuratorial power legally, independently and fairly.