A Preliminary Study On The Construction Of The System Of Procuratorial Proceedings In China

In recent years, the legal sense and consciousness of common people is growing increasingly with the improvement of legal construction procedure and the deepening of the rule of law concept. Prosecuting authority should get involved into the great process of comprehensively promoting the concept of the rule of law with sense of historical mission and political responsibility and shoulder the responsibility as a practitioner and promoter to build China into a nation of laws. The life and authority of law comes from implementation. Constitution ranks at the first place in a country’s legal system. It belongs to the supreme law and is the foundation of governing a country. Like other laws, constitution reflects the will and benefits of the governing party and is the general charter of a nation. It regulates the general thoughts, principle and system of the ruling class and the basic rights and obligations of citizens. For any country, the formulation and passing of the constitution is a matter of great importance. Any free nation will establish constitution. Constitution is the authority limit of the top legislative body, any laws and regulations cannot overstep the boundary made by constitution. The precondition of realizing the rule of law is the effective implementation of constitution. Promoting the implementation of constitution in social life has become an urgent demand for the practice of constitution in our country.Nowadays, the unconstitutional phenomenon is happening regularly, especially on some unit, organization and individual. This is intolerable for Chinese people and the construction of Chinese democracy and law system. It is also against the rule of law put forward by our Party and the mission to build a socialist nation of laws. Prosecuting authority is the state organ for legal supervision, and bears important duty in supervising and ensuring the uniform and correct implementation of national law.Based on the fundamental theories of unconstitutional review procedure, this thesis analyzes the current unconstitutional review situation in our country, and puts forward some points with improving the unconstitutional review procedure of prosecuting authority as method, rationalization and effectiveness of China’s unconstitutional review system.