Prosecutorial Power Nature Of The Legal Analysis

The nature of the procuratorial power makes itself different from the other powers of the nation.Therefore it is necessary and significant to define the nature of the procuratorial power. The nature of the procuratorial power can be analyzed based on the structure of the state system which can be also named as the structure of constitutional government. It can be positioned from its power characteristics and means of practicing, which helps us understand the nature of the procuratorial power in an overall way and set up a proper theoretical base for the construction of the procuratorial system. By means of analysing, refering to the current situation in our country, the author develops her discussion on the positioning for the nature of the procutorial power from the following aspects.The thesis is divided into three main sections: introduction, conclusion, and main body.The main body consists of four parts.The first part gives a general introduction to the theory about the nature of the procuratorial power. A brief statement about the definition, content and nature of the procutorial power, and the difference between administrative power and judicial power provides a theoretical prerequisite for the following parts.The second part, through the analyses of the nature of the procuratorial power of the Angle-American law system countries, the continental law system countries and the Soviet Union, concludes that Anglo-American procutorial power, though it belongs to administrative power by nature, is different from administrative organs because it has the characteristics of judicial power. The nature of procuratorial power of the continental law system countries is a kind of special administrative power with more obvious characteristics of the judicial power. The case in Soviet Union is the same with that in our country.The third part, starting with an analyses of the development and theories of the procuratorial system in our country, defines the nature of the procuratorial power within the framework of constitutional government system. This part is the core of the thesis.The fourth part expounds the defining of the nature of the procutorial power and the reform of the judicial system, which are closely related with each other. The author, from the ideal angle, discusses whether the supervision power of law and the power of judicial explanation should be abolished or not. Through analysing, the author thinks that the judicial explanation power of the supreme procuratorate should be abolished, and makes a theoretical exploration on who should practice the law supervision power.