Property Of The Power Of Procurator

As an important part of judicial system, the reform of procurators' system has become a topic of general interest that theorists and judicial practice pay much attention to.so gaving a correct understanding of procurators'syste should be the top promblem of of procurators'system reforming. By analysising the history of procurations'system in different country and contacting the realistic China Procurator System, The wirter want to discuss the reasonable orientation of Procuratorial power.At the first, I introduce and analysis the origin and development of a procurators'system of some country such as Frence,USA,Japan,Russia.I concluded their deficiency,then I compared them with China Procurator System.there are four kinds of thories of character of The Procuratorial Power:Executive Power,Judicatory Power,Dual nature,.Legal Supervisory Power.In my opinion,The character of The Procuratorial Authority is a Power of public interests safeguard.commonweal means that in a certain area ,the most of people's interests. Chinese procurator authority could be and the result is the prosecutor should stand for the national and public interests and to safeguard their interests. The way the prosecutor to safeguard is to start legal proceedings in different judicial proceedings and the mainly on Criminal lawsuits.I compare public interests with individual interests,nationl interests and governmental interests. Different interests can be expressed by different part of country's power system. Procurators' system is the representation of public interests which based on the particularity of beneficiary of public interests and the status of Procuratorial system in China Constitution.public interests is different from individual interests,nationl interests and governmental interests.They conflicting from each other sometimes.the representation of pullic interests must be independed from government and stand in the altitude as same as governmentonly in this way,public interests can be protected effectively.Depend on China Constitution,the situation of Procuratorial system is lower than National People's Congress but in the same level with Government and Court System.The National People's Congress is the representation of individual interests.The Court System is the representation of law-interests.The Government is the representation of governor's interests.Then the procurators' system must be the representation of public interests.this is a scientific assignment of national power.The last part talks about the stand we hold when analyzing on therocurator authority. Basing on the upper analyzing, it's obvious thathere is a gap in these two different fields. The present judicial reformspecially in procurator work should focus on how to fill and minimizeis gap.