Under The Modern Judicial Idea Of Our Public Prosecution Power Configuration

The power of public prosecution is the core content of the right of public prosecutionof procurator power; the system configuration is an important part of procurator system.Since the late Qing Dynasty introduced so far western procurator system of our countryallocation system, the right of public prosecution after100years of development, in thenew period, the construction of the rule of law to the modern judicial idea as the guidingphilosophy of configuration, according to the problems in practice, optimize the allocationof public prosecution in our country. This paper is divided into the following four parts:The first part：introduction to configuration of modern judicial idea and the right ofpublic prosecution. The modern judicial idea is to guide the construction of rule of lawphilosophy, embodies the modern judicial system, judicial functions and basic principles ofjudicial practice, is the dominant behavior and judicial current in the execution of lawideology. The value goal of modern judicial ideas is the judicial independence, judicialjustice and judicial efficiency. The right of public prosecution is a prosecution as a coretarget, to embody the abstract state power through a series of actions. The right of publicprosecution configuration is emphasized in the framework of the Constitution and the law,the right of public prosecution power structure on the set.The second par：the foreign public prosecution power configuration mode. The Britishaffirmed the civil public prosecution and administrative public prosecution status, the rightof public prosecution by procurator agency independently configurations. The UnitedStates has transformed the grand jury indictment of the system to the public prosecutionsystem; accused of discretion is an important power of public prosecution powerconfiguration. France, through pre-trial judge review the system and according special system to protect the rights of the optimal allocation of public prosecution. In order tomake the procurator organs to identify the truth of case, Germany established the publicprosecution power configuration mode in detail.Japan used and prosecution cheapprinciple proceeding of national socialist principles.The third part: the evolution of our country’s public prosecution configuration anddisadvantages. Our country has experienced start-up configuration of prosecution right, toestablish and perfect the development stages. The shortcomings of China’s publicprosecution configuration performance for positioning, his right to appeal the configurationidea against modern judicial idea, internal power and responsibility is not unified, theinternal supervision mechanism is not sound and division of functions and powers are notclear, and configuration system existing problems from six aspects.The fourth part: to optimize the configuration of prosecution right path selection. Tooptimize the configuration of prosecution right need to follow the principle of theconstitution and the law is supreme, the principle of power balance, public prosecutionindependently exercise their principles and public prosecution tolerance principle.Optimize configuration of public prosecution shall be accurate positioning of prosecutionright, to set up in line with the modern judicial idea of public prosecution configurationconcept, unified configuration of internal responsibilities of prosecution right, to improvethe configuration of internal supervision system of prosecution right, to a publicprosecution powers and create the relevant configuration system.