On The Configuration Of The Procuratorial Power

Prosecutorial power is an independent state power. The appropriate deployment of prosecutorial power is an important issue of judicial reform. The function of prosecutorial power in the lawsuit is to initiate an indictment. Prosecutorial power is not supervisory jurisdiction. The deployment of prosecutorial power relates to the correlation of public prosecution power, power of investigation, jurisdiction, and right to defence. In criminal lawsuits, right of complaint dominates right of investigation, right to defence confronts with prosecutorial power, and the judge is in the middle to judge. In the civil and administrative procedure, procuratorial organs stand for the public interest and initiate the civil and administrative procedure. The deployment of prosecutorial power in China has a lot of problems, its mechanism needs reconstruction and improvement. The function of supervisory jurisdiction in prosecutorial power should be abolished, and in stead the supervision of investigation before lawsuit and supervision of execution after lawsuit should be reinforced, the power to initiate civil and administrative procedure should be given and the defendants' right should be guaranteed .