Analysis Of The Litigation Authority To Require The Provincial Standing Committee On Procuratorial Organs

The "resolution" and "decision" formulated by The provincial people’s CongressStanding Committee belong to the scope of the local legislative. They are importantmeans when Provincial its Standing Committee exercise the legislative power andsupervisory authority in accordance with the specific circumstances of the local.Prosecutorial organization, the organization for legal supervision as prescribed by theConstitution, also has its play of its functions affected by the norms and constraints ofthe provincial People’s Congress Standing Committee. However,the legal supervisionof Procuratorial organs fails to fully play, so it can not meet the needs of thesocio-economic development and improve the judicial system.Especially legislationon the legal supervision of procuratorial organs is too much of a single and itsprinciple and interoperability are not strong, limiting the play of the functions of theprocuratorial organs.In order to strengthen the function of legal supervision of theprocuratorial organs,31provincial-level People’s Congress Standing Committee haveintroduced resolutions or decisions.It is a necessary step in China’s judicial reform andthe rule of law’s process,and it adapts to the needs of the new situation anddevelopment.First of all, we must figure out the the nature and the constitutionalityand legality of these resolutions and decisions.I believe that, only to clarify thepositioning of the Constitution of the provincial people’s congresses and their standingcommittees and the prosecution and clear legislative authority of the provincialPeople’s Congress Standing Committee and prosecutorial functions, can we accurately understand the meaning of these provisions and find out the problems,then we can put forward a soundthe provincial People’s Congress Standing Committeeto strengthen the oversight functions of the procuratorial organs litigation implement.This article is divided into four parts.Its content develops from the legislativebasis to the content analysis in accordance with the progressive layers, the integrateduse of the law demonstrated, example analysis, list of contrast and other means,then,prolems are found recommendations are given, which makes the article more rationallogical, so that readers can have a more comprehensive and clear understanding of theprovisions developed by the31provincial-level People’s Congress StandingCommittee on strengthening the supervision of the procuratorial organs litigation.Chapter I starts from a basic overview of the provincial Standing Committee onstrengthening the oversight functions of the procuratorial organs Litigation.Section Iintroduces the basic concepts from the nature of the legislative power of theprovincial People’s Congress Standing Committee, the litigation oversight functionsof procuratorial organs, as well as the determination of nature of the relevantprovisions.Section II details the main focus on strengthening the litigation andsupervision of procuratorial organs according to relevant provisions.Chapter II has the important meaning of relevant provisions gained recognition.In Section II it describes that the relevant provisions have further completed theConstitution.Section III is that the relevant provisions have further completed thesupervision and prosecution mechanism of the procuratorial organs, creating a goodworking environment for the procuratorial organs.Section IV is that the relevantprovisions help meet the need for achieving the protection of human rights.The third chapter is to analyze the problems of relevant provisions.Section Ipoints out the existence of content duplication and lack of mechanisms to protect thelegal supervision of the provisions on civil and administrative litigation activities, lackof provisions to protect prosecutors and other issues.Section II analyzes the reasonsleading to problems above and paves the way for the following improvements.The fourth chapter is my own proposals on how to improve the supervision andlitigation when the provincial Standing Committee strengthen the supervision and litigation of procuratorial organs.The first section is the advice on standardizinglegislative acts of Provincial people’s congress standing committee against therelevant provisions of duplicate.Section II is that on the lack of mechanisms to protectthe legal supervision of the provisions on civil and administrative litigation activities,the writer puts forward that giving the supervisory powers conferred by the additionin the Civil Procedure Law, Administrative Procedure Law to improve theAttorneylegal oversight functions of the organs.Section III puts forward that theprovincial Standing Committee can make provisions by an additional safeguard theindependence of the Prosecutor to ensure that the procuratorial organs independentexercise of powers, according to the failure of protecting prosecutors independent ofthe relevant provisions.