A Study On The Legal Guarantee Of Citizens' Right Of Prosecution

Impeach right is one kind of supervision of our citizens entitled by the constitution, by virtue of its own unique characteristics and merits; it plays an important role in our fight against corruption. In recent years, especially after the 18 th CPC National Congress, the China’s anti-corruption storm intensified, the trend of citizens under which situation the power of citizens’ accusation is more powerful. Because to a certain extent, it not only provides prosecutors probing corruption events with a lot of clues, promoted the combat power corrupts work smoothly, but also reflects the people to actively participate in state affairs and social affairs of rights consciousness enhancement. The mass line has been an important way for the Party and government work, the historical experience and reality also confirmed to us that relying on the masses is a source of magical power for making our country keeping winning. Therefore, in the crucial fight against corruption, we should rely on the masses and return to the fundamental strategy "to check power by right”, As same as what the President Xi Jinping emphasized in the Second Session of the 18 th Session of the CCDI. Isolated from the masses, the national government alone probably will be unable to curb corruption breeding. Therefore, the emphasis and favorable impeaching environment for citizens, is a major focus of the crucial moment of our anti-corruption. However, throughout the reality, violations of citizens’ impeach right are ubiquitous, just as various retaliation and so on. All above undoubtedly frustrate the prosecution enthusiasm of the citizens and is not conducive to create good environment for prosecution, but also cause an extremely bad influence on the anti-corruption work. So it is necessary to explore ways of improving and protecting the right of citizens.This article takes the provisions of the citizens’ accusation in constitution as a starting point, trying to explain the realistic significance of protecting citizens’ accusation on the base of combing its connotation and theoretical basis. It analyzes China’s impeach right legal security situation and problems systematically and dialectically by means of literature analysis and empirical generalization, etc. Finally the thesis focuses on concrete measures on how to improve the legal protection of citizens’ impeach right and strives to make this problem could be improved and solved in judicial practice, so as to ensure the full exercise of citizens’ accusation and let the prosecution system play its due role and value.