Analysis Of Existing Chinese Procuratorial System

Procuratorial system is the total of the organization system and the principles of organization and activity , Modren procuratorial system is the total of the nature task organization system , the principles of organization and activity and work institution. The law base of modren procurational system. Lies in the following two aspects:the principle of balance under separate power and the relieving of power. The features of Chinese procuratorial system are mainly initiative, speciality, generality, legality and compelity.The key contents of procuratorial power is criminal suit power. The other important contents are criminal judicial supervision power, constitution supervision power, civil judicial supervision power , constitution supervision power, Procuratorial power exists parallelly with administrative power and jurisdiction and it is also an important power which is led and supervised by people's congress and its committee.The procuratorate of China is national legal supervision organ. The main problem is with Chinese procuratorial system are the theory system of judicial supervision is far from foming; legislation is too principle vague and general;the range of judicial supervision is too narrow;The tendency of administratization of procuratorate organ is outstanding;The officerization of the management of procurator;Double leading delays the implement of the principle of procuraturial uniformity;the status of the procuratorial power and fanction is weakened is microcosmic.The direction of reform of Chinese procuratorial system is to ensure procuratorial organ can independently carry out its power, chat is to clear the relation between the leading of the Party and the procuratorial organ;The relation between power organ and procuratorial organ;The relation between administrative organ and procuratorial organ;The strengthen the function of procuratorial supervision and defend social justice.