On Optimal Allocation Of Procuratorial Power In China

The procuratorial organ is defined as the legal surveillance institution of the state by Chinese Constitution. However, current laws and regulations do not entrust it with adequate power of legal supervision. According to the main three procedure laws in China, the procuratorial power is divided into five parts:supervision power to criminal prosecution, duty crime detection power, supervision power to civil prosecution, supervision power to administrative prosecution and supervision power to administrative execution. At present, there are still some problems existing in our current allocation to procuratorial power that we can not ignore from the view of the legislative power and the judicial practice. And the main reasons leading to the current situation are:not having perfect legislative power,historically right over law and paying more attention to crime lawsuit than the civil.In order to effectively apply the supervision power of procuratorial organs, we should scientifically allocate our procuratorial power, based on our national condition, the constitutional definition of procuratorial organs’ functions, and the advanced experience in western countries. First of all, we should ensure public prosecution power and duty crime detection power of procuratorial organs to perfect the system of criminal prosecution. Meanwhile, we should perfect the supervision power to prosecutions of procuratorial organs, especially the supervision power to the civil and administrative prosecutions, including:the supervision power to registration, execution and public prosecution to civil and administrative lawsuits. And procuratorial organs should deeply and scientifically layout different functions, so as to effectively use different resources.The paper consists of4chapters.Chapter1focuses on current situation of allocation to procuratorial power in China. It introduces the brief situation of procuratorial power, analyzes the definition and content of supervision power to criminal prosecution, duty crime detection power, supervision power to civil prosecution, supervision power to administrative prosecution and supervision power to administrative execution, according to laws and regulations.Chapter2analyzes the problems existing in allocation to procuratorial power in China. At first, it states the unscientific points in allocating procuratorial power from the aspects of civil prosecution,criminal prosecution and administrative prosecution. Then it analyzes reasons leading to the unreasonable situation of allocation to procuratorial power,from the view of legislation and history, in order to find the way to optimize allocation.Chapter3describes status of procuratorial power in western countries and Hongkong, Macao and Taiwan. By comparing with allocation to procuratorial power in other countries, we can find our disadvantages. The aim of this part is to make a detailed introduction on allocation to procuratorial power in different countries and compare them with our allocation to procuratorial power, so that we can find their advantages being used for reference.Chapter4mainly gives an account of ways to optimize allocation to procuratorial power in China. Accroding to constitutional definition of allocation to procuratorial power, our national condition and advanced experience in western countries, find the ways to optimize allocarion to procuratorial power.