On The Supervision Of Procuratorial Power Restriction Mechanism

Any power under the rule of law in any society must be supervised and restricted. At present, China is moving towards a socialist country ruled by law continuously; the national power must be subject to supervision and regulation. Procuratorial power of our country by the independent exercise of the prosecution, it is the constitutional right of legal supervision. Compared with other countries, the process of its exercise is quite different. On the one hand, because of an unreasonable supervisory and regulatory mechanism, prosecutorial power in the process of exercise lack of independent protection, on the other hand, the prosecutorial power results in the abuse of power because of the lack of supervision. Practice, the supervisory and regulatory Mechanism of procuratorial power is imperfect. Therefore, it is an important and far-reaching thing to build a reasonable mechanism for supervision of prosecutorial power for our judicial reform, In this paper, I will fully understand prosecutorial power of our country first, then analysis the existing external and internal prosecutorial power supervision systems, point their shortcomings.at last, I will give my suggestions.This article is divided into four parts:The first chapter is the origin of prosecutorial power. It will demonstrate the historical inevitability of prosecutorial power by analyzing the Generating process of Prosecutorial System of the two legal systems and Soviet-led socialist law system. The second part is an important theoretical chapter of the article. It is about the location of prosecutorial power of our country. The writer will describe the production of our prosecutorial system and development process in detail and the concept and content of prosecutorial power. Then point its correct location. In chapter III, this part analyzes the necessity to supervise and restrict the prosecutorial power. It will build a theoretical analysis platform for the later. The last chapter is about improvement on the supervision and regulation system of prosecutorial power. First I will discuss on the prosecutorial power of the external supervisory mechanisms from two angles. Then I will propose some suggestions for building a sound external supervision and control mechanism. Secondly the author analyzes the current internal supervisory mechanisms of prosecutorial power from the horizontal and vertical supervision two aspects, and makes sound recommendations related to speed up the development the process of rule of law doctrine.