Discussion On The Legitimacy Of The Procuratorial Power Control

In the thesis, the basic purpose for the control of prosecutorial power lies in the safeguard of human rights. Owing to some defects lying in the present law in our country, the prosecutorial power is lack of the effective control and restraint. As a result, human rights are encroached on in some extent. So prosecutorial power must be controlled justly to protect human rights.The thesis consists of three chapters. Chapter one focuses on the necessity of the legitimate control of prosecutorial power and the safeguard of human rights. It is divided into three parts. Part one discusses the internal cause of the control of prosecutorial power, that is, the balance in the control of prosecutorial power is lost, which leads to an abuse of the prosecutorial power. Part two deals with the external cause of the legitimate control of prosecutorial power, in other words, invading citizen's rights. Part three discusses the necessity of the legitimate control of prosecutorial power ensuring citizen's rights.Chapter two focuses on the basis of the legitimate control of prosecutorial power. It is divided into two parts. Part one discusses the theoretical basis on which the legitimate control of prosecutorial power is based, That is the justice theory, the process theory, the theory of ruling by law and the theory of controlling power. Part two talks about the process basis that is the due process of law. It discusses not only the general idea and the function of the due process of law to control the prosecutorial power and safeguard citizen's rights, but also the principle and the way in controlling the prosecutorial power in the view of the due process of law.Chapter three researches into the measures to control the prosecutorial power legitimately. The chapter consists of three parts. Part one firstly puts us into the thoughts of the control of prosecutorial power, based on these thoughts, it establishes a system in which the prosecutorial power is controlled in the...