On The Reservation Of Procuratorial Organs In China For Part Of The Power Of Investigation Of Duty Crimes

Since the re-establishment of the procuratorate system,procuratorate organs at all levels have made remarkableachievements in handling the state functionary cases such as corruption,bribery,malfeasance and infringement by the fully and actively exerting the power of investigation into duty-related crimes.However,as the central government managed to consolidate resources to strengthen anti-corruption,which commenced with the enactment of Decision on Pilot Reform of Supervisory System in Beijing,Shanxi and Zhejiang by the Standing Committee of the NPC on December25 2016,departments in charge of investigating duty-related cases are to be reorganized and incorporated into the institution of disciplinary inspection and supervision.After more than one year of operation,the reforms of the supervisory system and the ownership of the prosecution's self-investigative departments have been fully completed throughout the country.Since the transfer of power for investigation,the procuratorial organs have lost the deterrent force that the supervision can rely on.For the procuratorial agency,the influence is undeniable.With the promulgation of the "People's Republic of China Supervision Law" and the "Criminal Procedure Law(Amendment Draft)" The procuratorate retained some of the investigative powers against duty crimes.In spite of working differences,the pilot reforms are basically consistent in terms of overall planning and institutional design and thus can serve as an example for other provinces,which consist of the personnel arrangement,financial arrangement and the relationship between the procuratorate and the newly-established supervisory committee.In both the civil law system and the common law system,the procuratorateholds power of investigation into criminal cases as well as duty-related cases to some extent,which can be a reference that the procuratorate in China should reserve power of investigation into duty-related cases.From the perspectives of the constitutional system of China,lawsuit mode and international consensus,it is advantageous and reasonable for the procuratorate to exert the power.In the context of judicial reform,the procuratorate should reserve power of supplementary investigation into duty-related crimes,adjust to the reform and transform its functions so as to fulfil the judicial duty of supervision,by means of reinforcing power of flexible investigation and create new forms of investigating power as well.