The Study Of The Supervisory Mechanism Of China's Procuratorial Power

The supervision and restraint mechanisms of prosecutorial power is a complete system that in accordance with the means to power restrict power and right restrict power to build up power balance theory, in order to regulate and restraint the exercise of prosecutorial power so as to protect their legitimate operation the. All the people have the power to easily abuse of power, this is an experience of never unchanged. From the nature of things , it must take power restraining power in order to prevent the abuse of power.prosecutorial power is no exception, as the bridge of executive power and judicial powers of mutual constraints, the need to complete their own supervision and restraint mechanisms to protect their right to exercise. Research about prosecutorial power of supervision and restraint mechanisms will be analysis by its two aspects that the external and the internal supervision and restraint.China's prosecutorial organs as the country's legal supervision organs, on the one hand through the implementation of legal superintend responsibilities, and supervision of the public security organs in the investigation, the trial court whether it is in accordance with the law; on the other hand should step up the supervision of prosecutorial power and the exercise of external and internal constraints, and to prevent abuse prosecutorial power to avoid unsupervised supervisors to happen. China's prosecutorial power external supervision and restraint mechanisms is achieved not only mainly through supervision and restraint by the party, the National People's Congress, the courts and public security organs, but also by the exercise of citizens from a wide range of substantive rights, litigation rights, as well as through the exercise of the rights of the community .China's prosecutorial power of the internal supervision and restraint mechanism is the superior prosecutorial organs lead junior prosecutorial organs, and constraints by local organs of power.the main problems are: the supervision of the supurior prosecutorial organs is arbitrary manner; directly handle the cases on file for investigation in the lack of supervision and restraint mechanisms; prosecutorial departments between mutual restraining mechanism is not yet perfect; prosecutorial committee failed oversight functions into full play. Because of the status quo of prosecutorial organs in China's supervision and control mechanism , prosecutorial power constraints of external supervision from the party's leadership and the the National People's Congress supervision, the court supervision, and participation in the proceedings, and the people, the media, and several other aspects of sound should be perfect; and establish a core of the prosecutorial Committee for the coordination of procedures for handling cases of supervision and restraint mechanisms in order to perfect prosecutorial power in the internal supervision and restraint.