On China's Procuratorial Power Configuration

As a legal concept, Procuratorial power is the authority of Procuratorial organs. The study of the configuration of Procuratorial power mainly concentrates on the scope of the competence. According to the development of modem Procuratorial system, the contents of Procuratorial power are deeply influenced by the country's politics, economy, history, and culture tradition. Different definitions of the nature decide different contents of Procuratorial power. As to the nature of Procuratorial power, there are three points of view in western countries, which are called administrative power, judicial power and both. In China, there is the fourth saying called legal supervision power.According to the constitution, the People's Procuratorate is the special organ for legal supervision, which decides the nature of Procuratorial power in China. For a long time, there have been many discussions in both fields of theory and practice, focusing on the content of Procuratorial power, the basic principle of the configuration, the power of investigation, both powers of prosecutor and legal supervision, and so on. Reasonable configuration of Procuratorial power is the basic of efficient operation. It is also the essential problem in the revolution and development of Procuratorial system. The configuration in our country is reasonable in some aspects while has some problems in others, which need to be studied and solved further. That is why the study of the configuration of Procuratorial power becomes so important in both fields of theory and practice.This article is composed of three parts. Firstly, it analyses the nature of Procuratorial power through historical sights as well as constitutional study. Secondly, it studies political, constitutional, legal, and physiological basics and the development of the configuration of Procuratorial power, and then points out the problems in configuration and operation of it. Thirdly, from the angle of enhancing legal supervision, it brings up several basic principles and directions as well as four aspects of advices to improve the configuration of Procuratorial power, which is supposed to serve the revolution of Procuratorial system of our country.