Research On "Procuratorial Integration" And Its Realizing Ways

The concepts of "procuratorial integration" are divergent in Chinese academia. They define it with different focuses, but obviously are part-sided. This paper argues that the concept should include three elements:the overall unification of procuratorial organs, which means the external independent, internal obedience to the leadership principles and prosecutors independent. The "procuratorial integration" refers to the running mechanism which units the whole prosecutorial authorities, internal obedience and prosecutor individual independence in order to ensure the complete and efficient operation. Its advocating is the inevitable choice of our current constitutional system, decided by the special constitutional status of communist party in China constitutional system as well as China character and regime. In China, the fully exercise of the procuratorial authority has great significance for the legalization and the perfect of the democracy construction and legal system in national political life. To implement the "procuratorial integration" is the inevitable requirement of the authority balance, which is conducive to realize the judicial justice, to fully fulfill various functions, and to open a channel for the human rights protection system. By comparing "procuratorial integration" in the three major legal systems among the representative countries such as France, Japan, Britain and Russia in the basic situation of the judicial practice, the writer found that they all showed the independent procuratorial status, internal strong subordinate relationship, inheritance and coordination reflected by prosecutors’ office activities. That provides us the valuable reference and experiences. Meanwhile, through the analysis of the "procuratorial integration" setting up, function running and the prosecutor management in China judicial practice,, the writer comes up with the problems of positioning chaos which the current "procuratorial integration" is facing, the unclear relations between the leadership of the party, the National People’s Congress supervision and independently exercise of the procuratorial authority, which causing the localization of the procuratorial work, the external intervention to the exercise of the procuratorial authority, the imperfect the internal management mechanism, too much integration and insufficient independence and etc. From these four aspects, the writer puts forward the ideas and suggestions:in the socialism with Chinese characteristics, we need to complete the theory support, perfect the relevant laws and regulations; implement "the central-government-vertical-leadership", deal with the relationship between the leadership of the Communist Party and the National People’s Congress supervision; reconstruct the area division, set up the independent financial and personnel management, eliminate unfair external intervention, optimize the internal management mechanism, process the limits of necessity and integration for the prosecutor independence.