A Research For Litigation Status Or Roles Of Procuratorial Organization In Criminal Litigation System

Litigation status or role of procurator organization has always been an important theoretical and practical issues of national criminal litigation system, which must be resolved firstly. The multiple identities of prosecutorial organization lead to diversity and complexity in its role location. This article intends to analyze the role conflict by following the basic principles of criminal procedure and offering scientific definition of procurator organization. Then it will go further to try to propose some solutions.The full text is divided into four chapters:the first chapter the theoretical basis of the role of procurator organization will be displayed, through which to experience the different characters of the two roles. Firstly, the theory "balance between the prosecution and the defense" holds the prosecutor role of procurator organization. It intended to illustrate that the role of prosecutor is an inevitable choice for national to complaint crime. Meanwhile, it is also a important node in the building of litigation structure. Then it will discuss the other role of procurator organization-legal supervisor. The root of this role is the theory of "power control".Chapter II will make a detailed investigate about the role of procurator organization in extra-territorial scope. In this chapter, I will launch a historical source for the procurator organization firstly, in order to get a better understanding of the role of procurator organization. Then the train of thought will be pulled back from the history to contemporary era. The role of procurator organization in Germany, France, the United Kingdom, United States, and Russia will be discussed. Through this comparative analysis, we can see the role presented different characteristics either in different historical stages or in different countries. Then I will offer a cause analysis of these differences. I hope to provide reference background for the role of Chinese procurator organization from these differences and consensus.In Chapter III, the perspective will go back to the domestic scope. The actual performance of the two roles will be outlet firstly. Then the cause analysis of role conflict will be launched in three dimensions:ideology, justice, environment and psychological. We can see that although the two roles the have congenital discord, the main problems is the defect of systems constructing, which results the two roles leveraging each other, on the one hand, complaining crime objectively becomes a more difficult task, on the other hand, it alienate the power of legal supervision.In the final chapter, the author tries to weaken the "Possible Evil" by new consciousness and scientific institution. Of course, it is impossible to eliminate the "Possible Evil" completely. In the pursuit of justice, we also need to balance other values, such as efficiency and equality. Therefore, measures to solve the problem in this article are only academic attempts.