The Legal Principle Interpretation Of The Property Of Procuratorial Theory Under The Perspective Of The Comparative Law

The implement of the construction of rule of law in China, our existing system of public procuration could not meet the need of economic society, so it is urgent that the system needs to be reformed and improved. The procuratorial authority is the core of public procuration system; definite procuratorial authority is a prerequisite for the reform of public prosecution system. Only by prescribing procuratorial authority scientifically and reasonably can the reform of public prosecution system be pushed ahead smoothly. Based on the view of comparative law, this paper, taken the prescribing of procuratorial authority as the chief objective, explores the theoretical basis of our procuratorial authority being placed in legal supervision.In Chapter One, the theory of the property of procuratorial power is introduced. Firstly, the concept of procuratorial power is defined. Then the characteristics of Chinese procuratorial power and the analysis of related powers, as well as the research status, research thinking, research methods and research meaning of the topic, are carried out.In Chapter Two, the historical origin and the process of development of the domestic and foreign procuratorial systems, as well as their realities, are introduced under the perspective of legal system. The author also explains the developing traces and tendencies of procuratorial mechanisms under the condition of different legal systems. The influence of foreign procuratorial system to the design and development of procuratorial system in China is summarized.In Chapter Three, the author firstly considers the constraints of the property of procuratorial power. Then the executive power and the judicial power of the theory of the property of procuratorial power overseas are analyzed. And the author explores the position of procuratorial property in countries with different legal systems and draws a conclusion: the position of procuratorial property overseas is not merely limited by the executive power or the judicial power any longer, but amalgamates with each other and forms a theory with double properties.In Chapter Four, a conclusion is drew through the study of the property of foreign procuratorial power: the position of the procuratorial power in China is equal to that of the legal supervision. And the analysis of different aspects, such as the historical development, the characteristics of national conditions, legal systems and the trend of development, provides the theoretical support for the position of the procuratorial power in China. The author summarizes the information of Chinese procuratorial power under the perspective of realism and comes up with the measure that the function of Chinese procuratorial power should be given to the reinforcement of legal supervision and the direct leadership. Thus, it will be the one with Chinese characteristics.