Procuratoriai Authority Operation Guarantee Mechanism Research

In order to guarantee procuratorial power to execute independently in accordance with regulations and laws, and to eliminate improper intervention, various kinds of efficient safeguard mechanisms shall be explored and constructed. Procuratorial power execution safeguard mechanism is the general designation of various kinds of mechanisms which guarantee the legal execution of procuratorial power, including external support and internal specification of procuratorial power execution. Procuratorial power execution safeguard mechanism has the general characteristics with other national power safeguard mechanism, but legal supervision power attribute of procuratorial power is the basis to construct procuratorial power execution safeguard mechanism, because the legal supervision of procuratorial organs has features of specialty, litigation and procedure, which directly decide that the procuratorial power execution safeguard mechanism must accord with these three features.Currently, the procuratorial power execution safeguard mechanism in our country exists some issues, such as lacking support of procuratorial power execution, lacking rigidity, and weak supervision, causing procuratorial organs to fail to sufficiently play legal supervision function. All these issues are caused by indistinct power distribution of procuratorial organs, localization of procuratorial organs, administerization of procuratorial mechanism and the imperfect prosecutor security system. The relationship between procuratorial organs with external organs, such as National People’s Congress, Party committee and government, is not clear, making procuratorial organs always stay in a disadvantageous position, and causing illegal intervention when procuratorial organs externally use its procuratorial power. Unclear function or unreasonable distribution within procuratorial organs, between higher-level and lower-level procuratorate, between chief procurator and procuratorial committee, between chief procurator and procurators, between internal department principal and investigators, will easily bring confusion to the subject who execute procuratorial power, thus causing the disorder and chaos in the process of implementing procuratorial power.With regard to these questions, the perfection of procuratorial power execution safeguard mechanism shall focus upon enhancing legal supervision function of procuratorial organs from aspects of guaranteeing procuratorial funds, reforming procuratorial personnel management, reforming internal institutions of procuratorial organs, improving external supervision rigidity, strengthening cooperation with discipline inspection organs and enhancing internal and external supervision of procuratorial power execution. The support and specification of procuratorial organs’ power must be implemented internally and externally, in particular the leadership relationship between higher-level and lower-level procuratorate must be definitely clear, higher-level procuratorate shall not only lead the work of lower-level procuratorate, but also wholly lead lower-level procuratorate from aspects of " people, funds and work"; statutory duty to NPC and procuratorial organs shall be performed, but as to the same-level party committee and administration, their illegal intervention on some cases should firmly excluded; cooperation between discipline inspection procuratorial departments shall be reinforced, and the cases transfer with these departments shall be in accordance with laws and regulations. Internal organs shall be perfected and the current power execution mode shall be improved, making the power concentrate on the people who handle the case; procuratorial supervision and inspection methods shall be sufficiently applied to supervise internal organs, external supervision and inspection of NPC and people supervisor shall be strengthened, thus making the exercise of procuratorial power more regulated.