On The Procuratorial Power

In the discussion of judicial reform, how to innovate and perfect the procuratory system of Chinese character, which becomes one of the hot spots in the fields of the law and the judicial practice. This paper discusses from the following four aspects: Firstly, about the quality of the procuratory power. Study the status of the procuratory organ, in the state institution, and the necessity of the procuratory power as the superintendence of the law, whose independent existence in the structure of the state power, from the state regime-form of the state's basic system, clarify the diversified dim recognition of the status of the procuratory power. And it deals with that procuratory power has the quality of legal supervision from the origin of the procuratory organ's status in the structure of the state power and the operatioinal pattern of the procuratory power, the state department of executing procuratory power should be the department of the state's legal supervision. Secondly, about the content of the procuratory power. To deal with the corresponding official powers and its scope of the procuratory organ, under the basis of analyzing the contents of the present procuratory power from the prescription of the constitution and the law. Procuratory powers include the powers of arresting, prosecuting, inspecting and supervising of the prosecution. The power of arresting is the procuratory organ's ratification of criminal prosecution or the decisionmaking power of the arresting suspects. According to the prescription of China's law, the procuratory organ's power includes two aspects: the ratified power of arresting the suspects about the inspective case from the public security organ, and its registered inspective case as well as all the decisionmaking powers of arresting suspect in the stages of investigation and prosecution. Procuratory powers should include the offering procuratory powers to the criminal cases(i.e. criminal procuratory powers), the offering procuratory powers to the civil cases(i.e. civil procuratory powers), the offering procuratory powers to the administrative cases(i.e. the administrative procuratory powers). In the prescription of the present China's law, the procuratory organ only has the procuratory powers to the criminal cases. The inspective powers are inspective powers from the procuratory organ to thecriminal actions and its related official powers engaged by civil servant. The supervising powers of prosecution is the procuratory organ's supervising powers to the actions of criminal cases, civil cases, administrative cases. Thirdly, about the proper disposition of the procuratory powers. To analyze the principle of the procuratory power's inside disposition and the running mechanism from the inside structure of it, to lay more stress on how to dispose the procuratory powers, what running mechnisms to take among the different ranks of procuratorates, different sections among the same procuratorates, the relationship between the chief procurator and the common procurator, and the relationship among the assistant procurators,so as to perform the procuratory powers effectively, to realize the procuratory power's valuing aims of indepenent existence as a power of legal supervision efficiently. Fourthly, about the mechanism of guarantee of performing effectively to the procuratory powers. To perfect the procedural legislation of the litigious supervision, add necessary legal measures, ensure the effects of performing the procuratory powers; Strengthen the relationship between the leaders from the upper and lower procuratorates, ensure the high efficiency of performing to the procurator's system of management, so as to realize the specialization of the procurator's staff, ensure the correctness of performing to the procuratory power.