The Procuratorial Supervision In The Position And Role Of The Operation Of State Power Structure

Since the founding of our country, has been exploringhow to improve the procuratorial system, make our country the legal operation of more sophisticated. Article 129 of the constitution of our country stipulates: ‘the people’s procuratorates of the People’s Republic of China is the country’s legal supervision organs. So, what is meant by procuratorial supervision? From the meaning, the ‘supervision’ or ‘examine and urge’. As the name implies, ‘procuratorial supervision’ is to examine and supervise the procuratorial organs according to law. Law in the process of implementation, can be unified, properly implemented, not only need to rely on ‘autonomy’ and ‘heteronomy’ is also needed. ‘Autonomous’ refers to the economy as the main legal act can automatically according to law to restrict their behavior; ‘Heteronomy’, refers to as ‘autonomous’ main body has not fulfilled ‘autonomy’ and break the law to the bottom line, the relevant state organs to governance. Procuratorial organ is the constitutional power of ‘heteronomy’ authority. The author understands the procuratorial supervision, belongs to the pure ‘heteronomy’, refers to the procuratorial organs using the national public power, in accordance with legal procedures, take law as the criterion for procuratorial work, supervision and timely correct illegal behavior occurring in the process of law enforcement, in order to guarantee law to universal across the country and the correct implementation of a law.This article through to the procuratorial supervision is introduced and compared with different institutions of state power, and the comparison of different authority in our country, about the position and function of the power structure in our country, and as perfect as possible, so this article is divided into four parts altogether:The first part: the theoretical basis of procuratorial supervision function. To illustrate this topic, you must tell me what is the procuratorial supervision function. So the first part, first of all, is the legal supervision of procuratorial organ function briefly described the concept, content, nature, for linking is discussed later in this article; Followed by respectively from theory and power restriction, human rights theories and modern democracy theories on power supervision four angles on the theoretical basis of legal supervision, discusses legal supervision come from, what; The last is the history of the legal supervision of procuratorial organ function, focuses on since the founding of the procuratorial organs of the legal supervision function change.The second part: comparative analysis of the procuratorial supervision status and role in the operation of state power structure. Mainly by means of comparing to highlight the importance of the procuratorial organs in our country legal supervision function. Comparison approach is the comparison of macro and micro, compare the object mainly is the procuratorial organs of the United States. First of all is the comparison of the different system modes of procuratorial supervision, mainly from the separation of powers model and one yuan more vertical comparison of procuratorial supervision mode; Followed by the procuratorial supervision of different organs set up, mainly from belongs to the government and parallel to the comparison of procuratorial supervision mode of government; And then is the procuratorial supervision under different litigation structure, mainly from the adversary model and comparing the functions and powers doctrine mode of procuratorial supervision; Then there are different means of implementation, the procuratorial supervision can appeal mode is the main way of procuratorial supervision and the protest and other non-mandatory comparison of procuratorial supervision; Finally summed up our country the status of the procuratorial supervision in the operation of state power structure analysis, the main position of macroscopic and microscopic analysis.The third part: The position of procuratorial supervision over the operation structure of state power. The author mainly uses macroscopic and the microscopic way make compared the macro level. This part mainly analyzes China’s prosecutorial supervision power position in the structure of state power operation, mainly elaborated the constitutional status of the procuratorial supervision and the relationship between with other organs of state power. At the micro level, mainly about the prosecutorial supervision power in the litigation structure in our country’s special status, mainly on the relationship between the prosecutorial power and jurisdiction of the court, and the relation between the litigants and. The comparison of the macro and the micro highlights the special status of the procuratorial supervision in China..The fourth part: The role of the procuratorial supervision in the operation of state power structure. Procuratorial organs legal supervision function in the structure of state power and the law is an indispensable component in the process of operation. The author mainly from the supervision of criminal judicial power operation, the supervision of civil judicial power operation, and the supervision of the exercise of executive power to write three angles. The supervision of criminal judicial power operation mainly from to the supervision of the file, and the indictment of supervision, the supervision of jurisdiction, the supervision of executive power from four aspects to write. The supervision of civil jurisdiction operation mainly from the supervision of civil trial and supervision of effective civil referee. To the supervision of administrative power is mainly to the administrative organ and the supervision of the supervision of administrative staff.The fourth part: the alienation of the procuratorial supervision and perfect. Although the procuratorial organs legal supervision function is constructed under "governments" idea, but the legal supervision function of procuratorial organ has never been fully implemented. Since revocation of procuratorial organ in the early days after foundation of people’s voice, to thoroughly removed during the "cultural revolution", after prosecutors restoration and reconstruction to the 1978 general deprivation of supervision function, etc. Then, what is what led to the procuratorial supervision function in theory and practice. To this, we will mainly from the procuratorial supervision function in theory and institutional conflict; Procuratorial system is not independent in procuratorial organs legal supervision function "sponsor"; Single procuratorial organs of the legal supervision function implementation, supervision and narrow; Procuratorial organs reasons such as legal supervision work to carry out the strength is analyzed. The countries all over the world have different legislative cases in terms of separation of powers and checks and balances, the separation of powers of the capitalist countries and socialist countries of democratic centralism. To the people’s congress system in our country as the fundamental political system, practice the system of "governments"; Second, the procuratorial organs legal supervision function is implemented diversified transformation; Third, strengthening procuratorial organs of the vertical leadership mechanism, to further ensure the status of the procuratorial organs independently exercise procuratorial authority according to law; Fourth, the establishment of special supervision team, with professional force to carry out the legal supervision work.