On The Independent Exercise Of Procuratorial Power In China's Procuratorate

In our country,procuratorial power is a part of the judicial power,and the independent exercise of judicial power is both a constitutional principle and a judicial organization principle,and is established by the criminal procedure law as a basic principle of litigation.The independent exercise of the procuratorial power should be a principle of prosecution.According to the provisions of the law,China's procuratorial organs are the judiciary,according to the principle of independent judiciary,China's procuratorial organs in the exercise of procuratorial power should be independent.Article 131 of the Constitution also makes it clear that in order to better solve the problems in judicial practice,only to further promote the independence of the judiciary,to maintain an independent and impartial exercise of prerequisites in order to better achieve the prosecution Independent,or to do a fair law enforcement,can be said to be difficult,so that the prosecution should be exercised independently according to the law is no doubt.The Third Plenary Session of the 18th CPC Central Committee adopted the Decision of the Central Committee of the Communist Party of China on Several Issues Concerning the Comprehensive Deepening of the Reform,which established the purpose of guaranteeing the independent operation of the procuratorial power.The Fourth Plenary Session also made it clear that the system of ensuring the independence and fairness of the prosecution The In practice,due to the localization of the procuratorial system and the problem of administrative problems,the quality of procuratorial staff is not high and so seriously hampered the independent exercise of prosecution.In order to ensure the independent exercise of procuratorial power in accordance with the law,it is necessary to achieve the balance of power and promote justice.Therefore,the new round of judicial reform based on our basic national conditions,put forward the judicial and administrative separation of the judicial management system,that is,by the court and the Procuratorate unified deployment of human resources,unified management of property materials,and improve the prosecutor election system,Level selection.This not only brings new opportunities for procuratorial work,but also brings new challenges.The ultimate goal of judicial reform is to realize the independence of procuratorial power and judicial power.Therefore,to realize the independent exercise of procuratorial power,it is necessary to give the independent status of the procuratorial organs,and to provide protection for the exercise of its powers.However,the study of the independence of the prosecution of the issue,the premise must be clearly independent exercise of the prosecution of the positioning.On the basis of this research,this paper starts from the concept of independent exercise of the concept of prosecution,and puts forward the analysis of the concept of independent exercise of the concept of procuratorial power.At the same time,it also lay the foundation for the analysis of the following problems The Secondly,the author analyzes the characteristics of the procuratorial power in China and the West,and analyzes the current situation of the present procuratorial power in accordance with the law and the problems faced by the independent prosecution.The main factors are as follows:(1)the quality of the prosecutor is low and the corresponding security mechanism is not perfect;(2)the procuratorate is weak in the supervision and supervision of the procuratorial organs;(3)the procuratorate is weak in the supervision and supervision of the procuratorate;4)the internalization of the internal management system of the procuratorial organs and the localization of the procuratorial work.In view of the difficulties faced by the independent exercise of the procuratorial power,based on the basic national conditions of our country,we put forward the perfect path and promote the independent exercise of the procuratorial power in various ways.(1)reform the existing leadership system,correctly handle the relationship between the procuratorial organs and the leadership of the party,handle the relationship between the upper and lower levels of the procuratorial system,set up cross-administrative regional law enforcement;(2)establish and improve the independent exercise of the internal and external supervision mechanism,(3)improve the prosecutor management system,strengthen the construction of the prosecutor team,the establishment of prosecutors step by step selection system,improve the prosecutor's occupational security system for the independent exercise of the procuratorial power to provide favorable personnel protection;(4)based on our national conditions,to promote the provincial people under the unified supervision of the people's property,unified personnel deployment;(5)the establishment of the chief prosecutor institutions,the implementation of the person in charge of the case of the main responsibility system.