On The Perfection Of Anti - Malfeasance Of Prosecutorial Power

In the unitary power structure of China, prosecution is the legal supervision of the country, which is ruled by constitutional law. In order to protect the law carried out in the right way, it is interact on the executive power and the jurisdiction. Prosecutorial power is set to achieve the value and the function of the procuratorial organ, which determines the prosecutorial power also has the nature of legal supervision. According to the law, procuratorial organ uses the anti-malfeasance prosecutorial power to investigate the staffs of the state who use their authorities to do malfeasance. Prosecutorial power can be divided into functional and structural power. It is difficult for the uncompleted legal authority to play its function. The complete system of anti-malfeasance prosecutorial power structure should includes the following authorities:the right to initiate investigation (including information gathering rights, inquiries rights and the right to hear), special investigative rights, the right of filing, investigation rights, the right to take coercive measures and supplement the investigation, the right to drew prosecution (or not to prosecute), and the right to suggest. The configuration of structural power of the anti-malfeasance procuratorial authority can not meet the needs of the supervision function at present, which has a obvious defect in its structure. Things we can do now are as follows. First, improve the structure of the prosecutorial power from the legislative level. Second, further refine the content of the prosecutorial power by using the form of constitutional amendments. Third, build a special legal supervision law. Finally, clear the power allocation of procuratorial organ's legal supervision.