Summary Of Relevant Prosecutorial Power

Ideas centre of constitutional construction is restricting power by power, its main measure is through the separation of powers in order to achieve the mutual restriction of power, this paper is based on law as a starting point, through to our country procuratorial system and the basic analysis of the construction of related theory and the nature of prosecutorial power and debate for rational analysis. At last, through the idea of procuratorial supervision mode and build to better improve the content of prosecutorial power in our country, which is the ultimate goal of this paper. Besides introduction and conclusion, this article is divided into four parts, outlined as follows:The first part of "the cause of the problem of procuratorial" mainly introduces the continental law system and Anglo-American law system historical evolution and development of procuratorial authority, and the emergence and development of procuratorial authority in a simple review. On the background of our country’s modern procuratorial authority, do a detailed discussion on historical reasons as well as the system construction, finally it is concluded that established in the people’s congress system of prosecution is suitable for the situation of our country. Through to the procuratorial authority at home and abroad to explore, for better carding the nature of prosecutorial power lay a solid foundation in our country.The second part of "the nature of prosecutorial power struggle" mainly introduces the various properties of procuratorial theory. Exists for the nature of prosecutorial power executive power and judicial power, executive power and judicial power dual attributes and the four legal supervision theory, this article comparative study of different thoughts and theory, it is concluded that China’s procuratorial authority is different from pure administrative power, judicial power,less somewhere between the two fuzzy status, but the level of constitutional democracy based on legal supervision. This is based on China’s people’s congress system and the rule of law in our country national condition and the conclusion.The third part "of China’s procuratorial authority constitution positioning problem" prosecution in our country’s development process and the nature of prosecutorial power orientation in our country. According to our country’s constitution of prosecutorial power, as legal supervision, the essay discusses the rationality and legitimacy of existence. Through the analysis of China’s people’s congress system, and by the power of such a system architecture finally concluded that the nature of the prosecutorial power is legal supervision in our country.The fourth part "of the current situation of prosecutorial power and reasonable supervision mode to build" through to our country procuratorial authority to accept this part of the present situation of the supervision of the relevant departments, think our country present procuratorial authority in accept supervision aspects need to be strengthened. To our country procuratorial authority to accept supervision related patterns the construction of relevant ideas and concrete measures are put forward. For example: JianWu public, strengthen the supervision on litigation link, strengthen supervision and so on outside action link to guarantees for performance of procuratorial authority...