On China’s Prosecutorial Power Of State Power Positioning

If one country wants to rule of law in the future, it needs to improve the existing legaltheories. In China, the reformation of judicial system get much attention among thereformations of regime of law.The reform of the legal system is the only way our countrytowards the rule of law, and the legal system as an important part of the prosecutorialsystem to construct a reasonable role in the legal system is very important. Theprosecutorial system of China was set up more than half a century ago on,which camefrom former Soviet Union and combined with our national circumstances. At the moment,the academic of China has not reached a large consensus about the orientation ofprosecutorial power. For that, this paper use two parts--introduction and body to introducethe research status of the position about prosecutorial power,and through discussing theChina and foreign countries’ positions of prosecutorial power in history and current toanalyse the orientation of prosecutorial power., trying to get the suitable answer.TheIntroduction of this paper summarizes the background, the current theories and themeaning and method for researching. The second chapter discusses the meaning ofprosecutorial power,property and its position among the national power system. The thirdchapter presented the civil law countries’, common law countries’, former Soviet Union’sand Chinese history about the prosecutorial system, and made a conclusion. Chapter IVdiscusses about current situation of prosecutorial power in civil law countries andcommon law countries in-depth, it also discuss the situation in China. By finding out therelationship of prosecutorial power and the other national power, knowing the obstructionin the process of using the power. The last part is the conclusion, the main content is theright orientation of prosecutorial power in China and to make some suggestions toimprove the system.