Thinking About The Problems Of China's Procuratorial Supervision

Procuratorial power has become a hotly debate issue that draw the attentions of many legal scholars under the context of legal and juridical reform. The school of practical thought rooted on the law and regulations themselves has delayed the process of the reform of procuratorial power, rendering the restriction of legal supervision to obsolete theory. Analyzing the history and the essence of procuratorial power, this thesis has described procuratorial power as one that can be exercised mainly in terms of administration litigation as well as partly by means of jurisdiction, given the current situation in china so as to further elaborate the idea that the prosecutor institution with its key function of investigating and prosecution in addition to the right to advise on legal case shall be removed from the burden of inspection and supervision to achieve the equality between prosecution and advocacy. In the meantime, the function of the current legal supervision has been expanded and detailed towards the advancement of reform of prosecution system and the rule of law in conjunction of the reflection of the problem with the prosecution system in china and resolution of the measure needed to address those problems.