Appropriate Separation Between Litigation And Litigation Supervision Of Procuratorial Organ In Our Country

Our country about the nature of the procuratorial organ and ownership debate has a long history, with nearly two years Hubei province procuratorial organs to explore the implementation of "two appropriate separation" reform, on the function configuration controversy once again become the focus of theoretical research. This paper selects the "procuratorial organ legal function and lawsuit supervision function of appropriate separation" make some specific analysis research, and strive to "two appropriate separation" carry out smoothly further tamp theory foundation and explore the practical path.This paper is divided into four parts, separately elaborated the problem of four respects, namely:why can execute "appropriate separation"?Why the need for the "appropriate"?Foreign related functions to set the research status?How to implement the "appropriate"?How to promote the organic combination of theory and practice innovation, implementation difficulties?The first part, mainly from the perspective of legal theory analysis of procuratorial rights attribute and characteristics, the paper focuses on the power of the procuratorial power is the dialectical unification in legal supervision power, can under the proper separation of the organic component. The second part, mainly from the comparative perspective, comparative analysis overseas on procuratorial system related to the design and the research situation, reach to our country procuratorial function configuration of the enlightenment. The third part, mainly from the practical need to elaborate "proper separation of necessity, focus on the analysis of the traditional mode case is facing the problems and challenges, from the authority of procuratorial system construction of reality need, strengthen the legal supervision, procuratorial system is the inevitable choice of reform important content, the standard executes the law behavior intrinsic requirements, analysis and argumentation of "proper" is necessity. The fourth part, mainly around "strengthen legal supervision, promoting justice" as the focus, the "proper" way, using the separation of the anterior part of the two results show, in the design of the system in order to fully reflect the theoretical feasibility conception, but also fit the practical need, both with the essence and regularity of requirements, and practical pertinence, directiveness and operation sex. The last part, around the work mechanism establishment and the consummation, discussed "the proper separation of the need to deal with the problems. Include:have emerged from the process of internal cohesion, obstruction, inherent function and supervision duty not clear, it is difficult to test, as well as the procedure and supervision, coordination of care for this and lose that and so on. The difficulty lies in summing up the existing problems and loopholes, and put forward effective countermeasure, and to predict the future possible barrier to resistance, advance guard mechanism design. In view of this part of research is less, therefore the innovation of main part.