Position, The Chinese Procuratorial Power

The orientation of procuratorial powers is the most realistic problem to decide the tendency of the reform of procuratorial systems and the development of procuritorial cause. On the orientation of procuratorial powers, there exist two representative viewpoints in academic circles. One protests cancelling the superiatendence of Procuritorial organ; The other protests that China's procuritorial powers should pitch lawful superiatendence.I agree with the latter.First of all, that procuritorial powers pitch lawful superiatendence has its historical foundation. Making a comprehensive view of the history of both China's and other country's procuritorial systems, you'll find that the birth of procurirorial systems is just to maitain the unitive implement of law and to restrict administrative powers and jurisdiction.That procuritorial powers pitch lawful superiatendence also has its realistic rationality.Firstly, it accords with the theory of regime structures under People's Congress System-disintergrating powers to maitain balance. Secondly, it's also decided by China's statute law and the valuation of China's criminal suit.About the attribute of China's procuratorial powers, there exist the following ideas: the theory of administrative powers, the theory of judicature, the theory of double attributes and the theory of lawful superialtendence. I think, under People's Congress System,procuratorial powers are parallel with and independent of administrative powers and judicature. The essence of procuratorial powers is lawful superiatendence.As lawful superiatendence, procuratorial powers have flaws in their practice. They should be perfected in the following aspects:endowing procuratorial organ with superialtendence on the application of law; establishing adaptive systems to manage procurators.