Study Of The Prosecutorial Power In The Constitutional Perspective

Prosecutorial power is the right that the state has granted the prosecution to supervise the unification and the proper implementation of the Constitution and law. It is the state power embodied in the social life. Studying the prosecutorial power in the constitutional perspective can realize the control and supervision of state authority better and prevent the abuse of power. Right now, there are several problems in China’s Prosecutorial supervision:Supervision of criminal lawsuit is not so adequate, supervision of civil action is not comprehensive, supervision of administrative lawsuit is extremely limited; External power has a misunderstanding of procuratorial work, The procuratorial organs subject to local governments. The mechanism of level supervision is imperfect, The mechanism of parallel supervision is incomplete. However, Problems in power of prosecution caused by reasons of many aspects, mainly including historical, theoretical and political factors. There are measures of reconstructing the prosecutorial supervision in the constitutional perspective:Improve the mechanism of prosecutorial supervision including enstrengthing the supervision of Criminal lawsuit, civil right and administrative lawsuit. Establish the public oversight system in order to ensure the independent exercise of prosecutorial power, including strengthening and improving the party leadership on the procuratorial organs, carrying out procuratorial integrated system, establishing procuratorial funds security system. Improve the mechanism existing in internal system of prosecutorial power, including improve the mechanism of level supervision, strengthen the mechanism of parallel supervision. Strengthen and improve the supervision mechanism of prosecutorial power, including regulating the Individual Case Supervision of the NPC, improving the compulsory disposition of procuratorial organs, Strengthening the protection of the rights of the criminal suspects, defendants and counsel, regulating the system of people’s supervisors in the area of laws and Establishing a system of supervision by public opinion.