The Law Function Of Procuratorial Powers

The construction of the law country is the rational choice and the pursuit of human society. To build a country under the rule of law, it is necessary to establish the the supremacy of the law, restricting power in the legal system, to guarantee citizens’ basic rights.The procuratorial power who in order to adapt the needs of modern rule of law,is given to the country’s constitution and the rule of law, is the embodiment of national power in social life. Especially with the Chinese judicial system reform gradually deepening, the nature of the procuratorial power and the process of the law function has been one of the theoretical and practical topics. This is not only related to the control of prosecutorial power, the procuratorial organ in the national organization system’s role, but also directly affect the position of the function of procuratorial power. In China, the function of procuratorial power is around the benign operation of the requirements of the process of building the rule of law. This article is based on the background of analysising the process of China’s rule of law, of prosecutorial power structure, nature, function analysis, thereby extending the function the prosecutorial power should play, through scientific and rational analysis and system construction, can achieve fairness and justice, safeguard citizens’ right, supervision law implementation, and control function of the balance of power in the rule of law, in order to achieve the function of procuratorial power.This paper is divided into four parts. The first part is the introduction of the procuratorial power, that is, through the development of procuratorial power connotation and the procuratorial power in our country are introduced. The purpose and motivation of procuratorial theory and system in the beginning of the establishment of the implication of the system designers have roughly understanding. Then the paper describes the definition of the mutual influence between the realization of the function of procuratorial power, structure, power allocation, the nature and function of law, mutual role of dialectical unification relations.The second part is combined with the modern and contemporary practice, of procuratorial supervision legal implementation, to achieve fairness and justice, safeguard citizens’ right, supervision law implementation, and control function of the balance of power in the rule of law.The third part discusses the present problems of contemporary procuratorial power’s function.The fourth part is the procuratorial power rule of loss of function, combing the theory and practice from the procuratorial power structure, power allocation, nature and independence of the four aspects respectively, and puts forward some countermeasures to ensure the realization of the procuratorial authority’ function.