A Preliminary Study On The Procuratorial System Of Socialism With Chinese Characteristics

Procuratorial system is to ensure effective implementation of the legal system country political system, usually need a certain specialized agencies, to make it on behalf of the state is illegal and criminal behavior. In general, the procuratorial system with broad scope, including not only the specific working system, also involves the nature and functions of the procuratorial organs and other provisions of the state. In fact, both the western capitalist countries, and the socialist countries, established the procuratorial system has a certain theoretical basis, one of the most representative is represented power balance theory and Lenin's theory of legal supervision. Of course, considering China's national conditions, at the time of construction of procuratorial system, need to base on the actual, in effective reference to legal supervision built on the basis of the theory and the practice. This article from the following several aspects to the procuratorial system of domestic inquiry.Based on the related theory of procuratorial system involved in the question, the key to interpret the origin of current procuratorial system in China and the necessity of the establishment of procuratorial system in our country. Modern procuratorial system originated in the west, France in the 13 th century had the rudiments of prosecutorial system, to the 17 th century has been mature, since the proceeding of the rule of law has affected the mainland legal system of procuratorial system, Germany and Japan, and other countries followed. The procuratorial system of Anglo-American law system has its own features, but in terms of the independence of the procuratorial organs and functions, and with the civil law. Of procuratorial system in China in the period of the Republic of China to learn from the mainland legal system mode, after the founding of new China, had to imitate the former Soviet union, the destruction of a cultural revolution after the reform and opening up to establish the scientific system of procuratorial procuratorial authority took a never separate to independent way, procuratorial organs function was established and the supervision function of public prosecution. Contemporary the function of the shoulder a lot of prosecutorial system, the core is the performance of the functions of criminal prosecution, on behalf of the state to expose crime, maintaining social order, from private prosecution to public prosecution development inevitably choice. At the same time, the procuratorial organs is legal supervision function, prevent abuse of power, to ensure the judicial justice, safeguard national and social public interests, so it is an important tool of checks and balances.Secondly a summary of the features of procuratorial system in China and review of the existing system defects. Depending on the nature of our current procuratorial system's character and regime in our country, our country is the people's democratic dictatorship, multi-ethnic unified country, so the procuratorial authority given by the people of procuratorial organs, the widely popular character. Procuratorial organs represents the interests of the people to perform the procuratorial authority independently, supervise the legitimacy of the judicial and administrative activities, safeguard the unity of the legal system. Procuratorial organs implement democratic centralism, the system adopts vertical leadership, prevent from the improper interference of executive power. Hence, to maintain the dignity of the socialist rule of law, severely hit all kinds of criminal offence, protect the interests of the state and citizens. However, there are current procuratorial system in China, the centralism manifests in the following points: first, the procuratorial system is lack of legal support, blurred between the procuratorial supervision and other supervision and procuratorial supervision measures does not reach the designated position, the field of civil, administrative procuratorial system too little regulation; Second, prosecutors leading system lack of rationality, also is the leading system of our country's procuratorial organs have multiplicity, which must be from the same level of the National People's Congress and its standing committee and local party committees and governments as well as the superior procuratorial organs, and other main body joint supervision, prone to the leadership of the multiple agents, fuzzy and overlapping phenomena of their functions and powers, to ensure the independence of the procuratorial organ; Third, the procuratorial organs internal operation mechanism has not been smooth, serious overlapping institutions and functions, investigation, lawsuit power fragmented; Fourth, the procuratorial organs operation within the security administration colour is serious, main show is institutions set up security administration, management model of security administration, salary standard security administration and so on.Again, combined with the domestic of the issues involved in the procuratorial system, this paper gives the following strategies: first, take the initiative to improve the legislation of the procuratorial system, first to make special surveillance law as soon as possible, secondly to strengthening the supervision of the law, finally, should also strengthen the civil procuratorial supervision and administrative areas. Second, actively improve the system of procuratorial organ's leadership. On the one hand, the procuratorial organs of the leadership as the foundation, and to ensure the rights of independence. On the other hand, should also perfect the National People's Congress leadership supervision of procuratorial organ. Third, perfect the inner running mechanism of the procuratorial organs in particular, shall do a good job in these specifications namely investigation, litigation power; Change the procuratorial organ security administration tendency problems; Explore obeys the law of the procuratorial business management mode and so on.Fourth, the procuratorial organs at present to carry out the reform of the judicial system were introduced simply.