The Procuratorial Power And Exercise The Problem Research In Our Country

Executive power of the government and the judicial power of the courtsin China’s power system hold a relatively clear position, but the attribute of theprocuratorial power has been unable to reach a consensus and it’s still a problemto solve.The effective exercise of procuratorial power,the reform of procuratorialsystem, and overall coordination the operation of state power can be employed,promoted and improved only on conditions that the attribute of the procuratorialpower is finally confirmed.The formation of procuratorial power is evolved basedon the emergence and development of the procuratorial organs.The attribute ofthe procuratorial power has developed and evolved from the established king’sagents to the public prosecution system. China’s procuratorial system emergedfrom the ancient censor system, and kept in line with modern procuratorial system.Of course, the procuratorial system was established after the founding of newChina, imitating the Soviet Union and taking Lenin legal supervision theory as aguide. However, the author believe that the procuratorial power is employed toexercise the powers of our nation, manage social events, and regulate theallocation of resources. It’s gradually separated out from the process of gradualrefinement of state power. As to the positioning of the attribute of theprocuratorial power,which should be analyzed from historical, theoretical andpractical points of view. For China’s procuratorial power and procuratorial organs,procuratorial power should be characterized as the right of legal supervision. First,from the historical perspective, the procuratorial organs emerged as a supervisoryauthority, exercising the supervison functions at that period; Secondly, from thetheoretical perspective, whether it is Lenin’s theory of Attorney,Mao Zedong’stheory of the state or Deng Xiaoping’s theory of legal society,they all providestheoretical basis for the procuratorial power’s positioning in the legal supervisionfield; Finally, from the practical experience, our long-term procuratorial power ispositioned as the right of legal supervision, achieving good results in the practicaluse. So, the author conduct feasible studies over procuratorial power’spositioning in the legal supervision.This paper attempts to find someshortcomings in the procuratorial system through the attribute of the procuratorialpower, the principle of the exercise of procuratorial power, the main body andsystems, aiming to find a perfect method in terms of system. The author wil dofurther research on guarantee and exercising system of procuratorial power.