The Procuratorial Authority Configuration Research In China

The procuratorial authority allocation is an important content of the distribution of judicial functions and powers,is also an important part of the judicial reform.The effective operation of the procuratorial powers and authorities of office,to a large extent determines the establish and improve and perfect the judicial system in our country.However the procuratorial authority under various interference in the process of actual operation,to the effective exercise of procuratorial authority not.At present,China's procuratorial authority configuration has many problems,there are mainly two aspects of internal and external factors influence the procuratorial authority configuration optimization,the article will procuratorial organs as legal supervision organ,based on this,the author in the perspective of judicial reform,analyze the procuratorial authority legal problems existing in the configuration and configuration.Through perfecting legislation,reform of the procuratorial system,optimizing the scope of functions,improve procuratorial organs related measures such as judicial authority and credibility,and optimize the configuration of the procuratorial functions and powers,to prevent the abuse of power.This article is divided into six chapters.The first chapter of the paper is the nature of the prosecutorial judicial power,the procuratorial system is by human development as the background.From the introduction of the procuratorial system in the late qing dynasty to the judicial reform in China in the procuratorial authority configuration,the configuration of the defects existing in Chinese procuratorial authority,has been the jurists research topic.Combining with the current research about procuratorial authority configuration,trying to defects of China's procuratorial authority configuration system analysis,explore the best recipe of judicial reform.Chapter 2 theoretical analysis is the legal basis of procuratorial authority is affected by the western theory of power restriction,guarantee the unification of the law applicable and promote judicial justice as the procuratorial authority at the same time,the legal basis of set and reform to provide theoretical support for the procuratorial authority.Constitutional documents of the procuratorial powerconfiguration of localization,the procedure of scattered rules,and detailed organic law for the people's procuratorate,are done to the legal nature of the procuratorial authority from top to bottom.The third chapter discusses the judicial reform under the perspective of China's procuratorial authority legal problems of configuration,from the external power interference of procuratorial authority configuration and internal power configuration defects on the two aspects of analysis,emphasis on speed up the improvement of the procuratorial power configuration,in order to improve the judicial fairness in our country.The fourth chapter discusses optimize configuration of procuratorial authority in judicial reform under the perspective of the appropriate advice from perfect constitution,improve the relevant legal norms,to ensure the rationality of the procuratorial authority configuration.Reform to perfect the procuratorial system at the same time,optimization of procuratorial authority scope of functions and improve procuratorial organ judicial authority and credibility.Configuration is given in chapter v of the procuratorial functions and powers in order to improve the judicial justice,however,the procuratorial organs as legal supervision authority supervision and other organizations of rights,but the mechanism of supervision and procuratorial authority configuration process should keep improving.This chapter to expand the scope of judicial public,open new media monitoring platform,strengthening the disciplinary inspection department supervision from three aspects,explore the procuratorial supervision and restriction mechanism of the abuse of authority.Chapter 6 conclusion.