Research On The Problem Of Independent Exertion Of Chinese Procuratorial Power

In China, as the legal supervision department, people’s procuratorate shouldersthe important missions of cracking down on crimes, protecting people’s property,guaranteeing the unified implementation of state laws, and maintaining judicialjustice. The Decision of the CPC Central Committee on Deepening the Reform ofSome Major Issues which is issued by Third Plenary Session of the18thCPC CentralCommittee points out that judicial system reform should be deepened to assure thelegal and independent exertion of procuratorial power and jurisdiction. In the practice,due to the localization and administration of procuratorial system, problems such asthe quality of procurator severely hinder procuratoiral department to exerciseprocuratorial power independently. It is indispensable to assure the legal andindependent exertion of procuratorial power, which is helpful to reach the powerbalance and promote the judicial justice. Therefore, based on the national conditions,the new round of judicial system reform proposes to reform judicial managementsystem, promote local courts and procuratorates under provincial ones to managepeople, property, and material uniformly, explore to establish judicial administersystem separated from administrative areas properly, improve judicial officialclassification management mechanism, establish stepwise selection system of judgeand procurator, reform judicial committee system, and improve case handlingresponsibility of chief judge and collegiate bench, letting hearing judge andreferendary take responsibility of concrete reform measures. It not only brings newdevelopment opportunity to procuratorial work, but also brings new challenges.In order to study the independent exertion of Chinese procuratorial power, thenature of Chinese procuratorial power should be confirmed first. Under the promotionof new round of judicial reform, if procuratorial power is reformed, the first thing forus is to make clear the nature of our procuratorial power. The location of nature ofprocuratorial power is not only the need of development of procuratorial theory, butalso is associated with the direction of reform of Chinese procuratorial system anddevelopment of procuratorial career. The independent exertion of Chinese procuratorial power should also be under the premise of the correct location ofprocuratorial power.The thesis opens the research on the basis. First, the thesis begins from thelocation of nature of procuratorial power to explain the regulation of our constitutionand relevant laws to nature of procuratorial power and domestic scholars’ academicdiscussion of nature of procuratorial power, and gives comment; on the basis ofsynthesizing the regulation of relevant laws and texts and scholars’ ideas, it isconcluded the author’s opinion about nature of procuratorial power---Chineseprocuratorial power is a legal supervision power, so its nature should be fixedaccurately to provide theoretical evidence for the independent exertion ofprocuratorial power. Furthermore, the thesis analyzes the factors that restrain theindependent exertion of Chinese procuratorial power. As a legal supervision power,Chinese procuratorial power should play the important role of supervising the correctimplementation of laws and maintaining social fairness and justice. In the practice,the independent exertion of procuratorial power is influenced by a series of factors,including (1) the disadvantage of leadership system in procuratorate and overintervention of Party committee to procuratorate;(2) the administration ofprocuratorate department management system and localization of procuratorial work;(3) unreasonable setting of departments in procuratorate;(4) low quality of procuratorand imperfect corresponding guarantee mechanism; and (5) jurisdiction’s restrictionto independent exertion of procuratorial power. Finally, for the dilemma ofindependent exertion of procuratorial power, based on the basic national conditions,the thesis proposes improvement routines to promote the independent exertion ofprocuratorial power.(1) Current leadership system in procuratorate should bereformed to deal with the relationship between procuratorate and Party and therelationship between higher-level procuratorate and lower-level procuratorate andestablish cross-regional procuratorial system;(2) Personnel, property, and material inprocuratorate beneath provincial level should be managed uniformly to achieve thepersonnel independence and financial independence in procuratorate;(3) The internalorganizations in procuratorate should be reformed. Through reforming the publicprosecution organizations, the setting of cross function departments in procuratorate should be integrated. Specialized legal supervision department should be establishedto promote the rationalization of internal organizations in porcuratorate;(4) Theestablishment of procurator team should be strengthened. Stepwise selection systemof procurator should be built. The vocational guarantee system of procurator shouldbe improved to provide talent guarantee for the independent exertion of procuratorialpower.(6)Internal and external supervision mechanism of exertion of procuratorialpower should be built and integrated, making sure the independent exertion ofprocuratorial power.