Research On The Relationship Between Public Prosecution Power And Procuratorial Supervision

All the same, we are not sure that whether procuratorial supervision can coordinate public prosecution power or not. What is the relationship between procuratorial supervision and public prosecution power? The relationship is inclusion or coordination? Are there any contradictions and conflicts between the two? This article analyzes different views about this relationship, and then makes sure some definition. The essence of public prosecution is procuratorial supervision, and it is the important part of procuratorial supervision.But in practice, the procuratorate departments, in particular the public prosecution department's effect of supervision is not good. There are so many reasons. Firstly, the law is too abstract, narrow and lacks compelling force. Secondly, organization setting and staff scheming are unreasonable. Responsibilities between departments are unknown or overlapping. It causes so many problems, for example, redundant examination, low efficiency and so on. The number of prosecutors and workload are not in proportion. Some departments have big burden, others are more leisurely. Such as public prosecutors have huge stress and big burden facing to so many criminal cases. Thirdly, public prosecutors do not like to supervise and dare to supervise because they lack supervise consciousness and capability. At last, civil procedure and administrative procedure supervision is weak because of understaffed situation and unestablished public prosecution in civil and administrative action.Therefore, in order to improve procuratorial supervision, we should separate the right of public prosecution, investigation supervision and judicial supervision, and at the same time entrust procuratorate the right of public prosecution in civil action and administrative action. Firstly, rename the department of public prosecution to criminal public prosecution. Divide the department of civil procedure and administrative procedure supervision into two:the department of civil procedure supervision and the department of administrative procedure supervision. Secondly, within departments, we should establish the working mechanism which procuratorial supervisors and principal prosecutors have individual responsibility, and supervise together. Procuratorial supervisors should be responsible for supervision. Prosecutors should be responsible for prosecution.Thirdly, by strengthening various departments'communication and cooperation; we can form supervision joint effort. At last, we should make sure the patterns of public prosecution in civil action and administrative action. And we should develop the institution innovation of procuratorial supervision and widen supervisory ways. For instance, supervising two or more cases because of the same characters simultaneously, supervising other case when one case is being handled just because they are happening at the same time, and they have some association, convening joint conference between public security organs, People's Procuratorate and courts and so on.