Pondering And Improvement Of China’s Prosecutorial Power

Any kind of system has a continuous improvement process; no systemcan be in a perfect state all the time. The system is always changing withthe social changes; only adapt to the system of the theory and practicecan it be a long-term reasonable system. This paper focuses on the legalfacts that China’s prosecutorial powers is the legal supervision power,comparing study of foreign prosecutorial power, and combining withChina’s legal culture and the state system, thus analyzing the reasonsfor the formation and the problems of the legal supervision power in China,and put forward some recommendations to improve prosecutorial system andprovide a reference for the reform of our justice system.The first chapter analysis the specific content of the prosecutorialpower of the common law countries from the prosecution and other authoritysuch as the police, the court’s relationship, that is to explore therelationship between the national prosecutorial power and the power ofinvestigation, jurisdiction. Meanwhile, it also gives of a brief overviewto the origin and development of China’s prosecutorial system. The chapteralso expounds the supervision functions of China’s prosecutorial powerin accordance with existing laws and regulations, including the filedsupervision, investigative supervision, judicial supervision, executionof punishment supervision, civil, and administrative supervision, andraises the obstacles and problems the legal supervision power encountersin the current judicial practice.The second chapter first defines the nature of the Anglo-American and France prosecutorial power according to the contents of the prosecutorialfunctions, summarizing and comparing the prosecutorial power constraintsand supervision function in the three separation power model and a powermode. It combines with of Humanities and ideology, legal traditions, thecurrent judicial system to explain China’s prosecutorial power to be thelegal supervision.The third chapter draws on foreign prosecutorial system settings,combines with the problems encountered in the judicial practice in China,and promotes some recommendations for the prosecutorial system reform,which includes how to exercise prosecutorial power independently, how torationalize the relationship between the Police and the Procurator, thereform measures of the trial supervision, the reform measures of the civiland administrative cases supervision and the a public interest litigationfiled by procuratorate.