On Localization Of The Procuratorial Power In Our Country

The "localized" procuratorial power is the academia issue which has been discussedfor a long time. In the previous discussion, the "localized" procuratorial power or localprotectionism of procuratorial power was often examined and explored independently, butthe separated research was relatively small. Based on the previous research results andstudies, this article makes a systematic and comprehensive analysis of the localizedprocuratorial power issue and puts forward the corresponding countermeasures.The main logical relationship of the text is the topic or the introduction of theprocuratorial power issue which leads through through a typical case. And then make aexplanation of the localized procuratorial power with double meaning, which is localconditions and local protectionism. And the following is the connotations and harm oflocalized procuratorial power by means of the understanding of the localized procuratorialpower. Finally, the article analyses the causes of the localized procuratorial power, solvesthe theoretical presupposition of the localized procuratorial power and attempts to seek thetheoretical approach to the localized procuratorial power. The main issues the articlediscussed are the local protectionism which is oriented to the local benefit of theprocuratorial power in the exercise, namely the localized procuratorial power.The article is divided into five parts:Chapter One is the introduction that explains the topic the localized procuratorialpower through the case of deforestation in Wuyuan of Jiangxi province. The argumentationof the prevention and management of localized procuratorial power is the urgent issuewhich needs to be solved, but specialized research on this issue is deficient currently. Andthus the study of the issue is of great practical significance.The second chapter explains the connotation and harm of the localized procuratorialpower. The so-called localized procuratorial power is the independent power and status losswith the undue interference and controlment from the procuratorial organization and otherlocal party committees, People Congress, government and other interest groups, whichshows the phenomenon of protecting and safeguarding the local interests’ disregard of theinterests of the whole. Actually, it is the alienation of power. The harm of the localizedprocuratorial power is mainly illustrated as follows: the destruction of the legal systemunity, the lessening of process of the judicial reformation, weakening of the effectiveness oflegal supervision and also the susceptible to corruption.Chapter Three analyzes the causes of the localized procuratorial power. Firstly, it is the undue interference and exercise of the procuratorial power from the local party committeesSecondly, the financial power of the local procuratorial organization is controlled by thelocal government. Thirdly, it is the ineffective leadership from the higher level to the lowerone. All of these factors are intensified the issue of the localized procuratorial power.Chapter Four dwells on the theoretical methodology of the issue of localizedprocuratorial power, that is, the national property of the procuratorial power. The nationalproperty of procuratorial power is argued from the perspective of the comparison amongthe Constitution text, procuratorial power and legislative power and executive power.Chapter Five puts forwards the theoretical approach to overcome the localizedprocuratorial power issue. Firstly, endow the procuratorial organizations with the relativelyindependent personnel authority on the aspect of personal authority; secondly, reform thebudget system of the procuratorial organization on the aspect of financial rights; and finally,strengthen the leadership of the superiors’ procuratorial organization. Additionally, thischapter also proposes the setting and reform of the current procuratorial system by dividingthe jurisdictions to solve the localized procuratorial power issue.