Institutional Leadership System Of Corruption And Bribery In The Sight Of Constitutional Study

Through inspecting the evolution of Chinese anti-corruption and anti-bribery organization's leadership system, this essay demonstrated that procuratorial organ's adopting different leadership system in different historical stage is not because of the organ's constitutional localization and function, but of the left-leaning thoughts and objective condition. After elaborating Chinese National People's Congress System's rationale, namely the people's democratic dictatorship theory of the state and the Marxism national surveillance theory, it obtained procuratorial organ's constitution localization under the National People's Congress system, namely national special legal surveillance institution. Procuratorial power, executive power, judicial power and military power are at the parallel position under the State power Institution's representative right. The goal of establishing procuratorial power is to carry on the surveillance and restriction to the latter three kinds of state power and guarantee the unification of the country's legal system and the correct implementation of the law. Anti-corruption and anti-bribery detective power is important constituent and the rigid safeguard method of the law supervisory authority of procuratorial organ. It is the inevitably request to realize the procuratorial organ's constitutional status. The procuratorial organ is natural anti-corruption and anti-bribery organization under Chinese constitutional government system. Therefore, the law surveillance attribute of Chinese procuratorial power had decided that its procuratorial organ must have higher independence compared to other country. Procuratorial organ must practice a body leadership system and get rid of the regional influence as far as possible. The judicial attribute of procuratorial power decided that prosecutor must have the corresponding independence in the work so as to adapt the substantivity, experience and judgment characteristic of judicial power. Thus procuratorial organ's constitutional localization has decided its leadership system. Our leadership system of "single layer leadership, single layer surveillance" confirmed by our constitution and People's Procuratorates is scientific. It can both ensure the unification of procuratorial power and prevent the abuse of it. But in practice procuratorial organ is under the leadership of regional party committee. It has caused the localization of procuratorial power and had violated procuratorial power's independence request. The interior leadership system character of Chinese Procuratorial organ is excessive integration and insufficient independence, strong administration color of service and the public prosecutor manage, lack of procuratorial power's legal surveillance attribute. Therefore, through analysis from macroscopic to microscopic, our country persisted the party should not have procuratorial organ led by the same level party committee, but adopt the top-down leadership way to procuratorial organ. We should determine the legal and openness supervision of National People's Congress and procuratorial organ. In internal leadership system, under the premise of the procuratorial integration and detective integration, we should distribute detective power according to the request of decomposing procuratorial power, deal with the relationship between internal detective department and other departments, have reasonable limits on the public prosecutor's power, realize the balance between detective integration and the public prosecutor's independence, display procuratorial organ's function of anti-corruption and anti-bribery fully.