The Nature Of The Right Of Public Prosecution And The Public Prosecution System Reform

The attribute of public prosecution power is a current controversial issue in attorney theory. This thesis intends to investigate the due attribute of public prosecution power from the perspective of history and reality. It mainly introduces different views on this issue in the academic world of our country and addresses its essential properties by means of exploring its historical development, comparing the judicial system of different countries, analyzing the relationship between proceeding justice and public prosecution and also the non-judicial aspect of public prosecution power. The author offers a detailed exposition to the framework of our modern prosecution system. Specifically speaking, the thesis is consisted of the following five parts:The introductory part begins with the controversy on prosecution power in the present academics and from that we elicit the core part— the contention on the essential attributes of public prosecution power. It mainly accounts for the selection of the research topic, the scope of the research and the adopted research methodology as well.The first part mainly introduces contentions on public prosecution power in the present academics of our country and gives a detailed exposition to "theory of executive power", "theory of judicial power", "theory of quasi-judicial power" or "theory of dual attributes", and "theory of legal supervision power". The reposition of essential attributesof public prosecution power is brought forward from the perspective of democracy and science.The second part expounds these from the standpoint of its historical development, public prosecution systems and patterns of different countries, the requirements of proceeding justice and its non-judicial aspect.Public prosecution power should have its own dependent value and its essential attribute is multi-level.The third part emphasizes reflections on conceiving modern prosecution system of our country. It includes the design of professional prosecutor system, the separation of public prosecution and legal supervision, how prosecutors strengthen administration, the equation of prosecutor and the party concerned and the scope of prosecution function.The last part offers an outlook for the difficulties of returning to essential attributes of our public prosecution power and the concrete legislative obstacles. The writer appeals to the academic circles to give up dispute for interest and to promote the reform of our legal system with independent academic spirit.