Attorney Reform Constitutional Analysis

It is self-evident that the independent and powerful supervisor is indispensable to safeguarding the efficient execution of law system. In the long run, judicial reform is the dynamic realm in pursuit of the rule of law. In light of experiences in the reform, the scholars and law practitioners gradually understand that the reform is a system concerning transition of the Constitution. The reform would make no progress unless law reform is supported by the existing constitutional system. In the same way, the reform on system of public prosecution must acquire its justice and legitimacy from the living constitution. In 2004, the Chinese Parliament amended the Constitution, emphasizing the obligation for the Government to esteem and safeguard the human rights. The reform on system of public prosecution should take valid measures to perform the obligation. It is necessary to safeguard the human rights through monitoring and controlling the performance of state power. Therefore, there must be a procuratorial organization mainly responsible for overseeing the other state authorities. And the reform should aim at strengthening its superintendence, instead of undermining the function. Hereby, the thesis intends to illustrate the importance of the special superintendence by virtue of constitutional system and further the consideration on the reform of public prosecution system.The thesis mainly has five parts besides the introduction and conclusion. In the introduction, it indicates the necessity of strengthening procuratorial superintendence to safeguard the human rights and then brings forward the main ideal through reviewing related academic research and practice. In Part I , it discusses the basic theory on the procuratorial power. By analyzing the scholars' typical opinions, the thesis claims the theory of state independent power. Part II traces back the history of procuratorial system in France, United Kingdom, Soviet Union and China, pointing out that the main function of prosecutors is to superintend other state powers. Part III thinks seriously of the independent prosecutorial power and considers its role in the checks and balancing of powers. In Part IV,...