Jurisprudential Analysis Of The Prosecutorial Power's Nature

In modern times, judicial reform is a hot topic in our country's world of theory and practice. In the context of judicial reform, reforming and improving the prosecutorial power system with Chinese characteristics is particularly important, and that has become one of more concerned problems in the field of our country's jurisprudence and judicial practice. The correct understanding about the nature of our country's prosecutorial power is the premise and primary task for reforming prosecutorial power system. Therefore, in the tide of judicial reform, Analyzing the nature of the foreign prosecutorial power, combining China's national conditions, and placing the prosecutorial power under the system of our national power structure and constitutional system, the article reasonably locates the nature of our country's prosecutorial power. Only to clarify the nature of prosecutorial power, can we better to carry out the reform of other aspects of prosecutorial power, offer the scientific theoretical support for our country's judicial reform, and promote judicial reform to develop along with scientific and reasonable direction.To ascertain the due nature of prosecutorial power in the process of judicial reform, in the process of writing the paper, this article respects historic aldocuments fully, combines our national conditions closely, and uses exegesis, history, comparison and other research methods, in order that this paper's research and demonstration can be objective, scientific and comprehensive under the limited cognitive conditions. In the thesis we analyzed and discussed the nature of the prosecutorial power.About the paper's structure and content, in addition to the introduction and conclusion, this paper is divided into five parts:The first part introduces the study of the nature of prosecutorial power is carried out under the background of judicial reform, is that introduces the social background first. It analyses the main content, current situation and how to improve, and then introduces the defining about the prosecutorial power and the nature of prosecutorial power under the background of judicial reform, analyses and expounds the important significance for judicial reform to study the nature of prosecutorial power. The second part analyses the origin and development of Western prosecutorial power from the vertical angle. Specifically, it analyses the origin and development of prosecutorial power in civil law and common law, analyses the nature of Western prosecutorial power, and then introduces the prosecutorial power system of Russia which is most closely related to our country. It leads to the historical development of our country's prosecutorial power, in order to pave the way for qualitativing our country's prosecutorial power.The third part analyses the characteristics and development trends of prosecutorial system of the world's major legal systems, and points out the international standards of prosecutorial system. It analyses how our country's prosecutorial system absorb and learn from foreign prosecutorial system on this basis, and talks about we would be questioned.The fourth part analyses the various theories about the nature of our country's prosecutorial power, and locates the nature of our country's prosecutorial power reasonably. Under our constitutional system, it is the most reasonable to view our country's prosecutorial power as the right of legal supervision.The fifth part analyses the meaning of this law supervision power in the judicial reform of the most important , it analyses the constitutional status of viewing prosecutorial power as the right of legal supervision and the relationship of People's congress law supervision from the legal point. It analyses the meaning of this law supervision power in the judicial reform, and its theoretical basis, practical rationality and the unique value, which defines the nature of prosecutorial power is the law supervision power.