A Comparative Study Of The Transport Procuratorial Systems Of China And Russia

"All awareness, and knowledge can be gained by the comparative method." Back to the history of research in legal theory, the Soviet Union have a significant impact on our country. Chinese socialist procuratorial system has also been deep influenced by the Law of the Soviet Union. At present, both China and Russia are in transition, facing many of the same or similar problems.80 years to 50 years ago of the 20th century, China introduced the Soviet socialist model, which including the socialist judicial system, procuratorial system,and so on. Although the Russian Federation had been independent, as the same as other existing legal systems, the current procuratorial system of the Russian Federation inherit 60 percent to 70 percent of the legal tradition from the former Soviet Union.Since 1991, Russia has made great strides in judicial reform. At present, our country is also in-depth reforming of the judiciary, including the prosecution reform, especially reform of special procuratorial system,which is just starting. In order to successfully implement the reform, it is necessary to more and more study and summarize the experiences and lessons in the building and reforming of Russian Federation procuratorial system,hoping for more worthy and valuable experience for the construction and development of our procuratorial system reform,thus providing a viable option on establishment of socialism judicial system with Chinese characteristics.This article begins with the transport procuratorial system, discussing the related concepts, theories, which including the the concept of prosecution, procuratorial system, prosecutorial power, transport prosecutors, and the various stages of production and the tortuous course of the development of transport procuratorial system in Russia and the rail transport procuratorial system in China. The second part,using the comparative analysis of the methods,focus on the Russian transport prosecutorial system under five major differences, including the organization systems, the terms of reference, the leadership systems, the public servant systems and the active protection.After each side discussing,there is an analysis of these differences between the two countries. At the core part of this article,which is mainly discussing the long-standing focus problems on railway procuratorates in China, that is the cause of reform on the background of present reform on railway transport procuratorial organs in our country. And then referring to the transport prosecution reform in Russia in the 21st century as the extraterritorial reference,this paper expounds the necessity of setting up a special area in the railways in China's Procuratorate. At the end of the article, I thoroughly carried out my own assessments of the railway procuratorial system reform of China at present, designed feasibility models, discussed and compared. Finally, I dedicated procuratorial system of the future vision on Chinese railway transport procuratorial system.On the one hand I confirmed the current reform of the initial positive factors, on the other hand,I also put forward my own proposals,hope that it is helpful to our ongoing transport procuratorial system reform.