Procuratorate Judicial Relief Function Research

Article 47 th and 115 th of the Criminal Procedure Law of the People's Republic of China provides the participants in proceedings the rights of procuratorial practice of the criminal petition when their exercise about their litigation rights is impeded.Some professor deems this new function of Procuratorate to be the third part of Procuratorate's function.And some holds that this new function still in the function of legal supervision.By the contrast analysis,the judicial remedy function of Procuratorate is essentially a kind of legal supervision.They hold the same purpose and the same proceedings.The judicial remedy function is the extension of legal supervision function and is a product of the prosecution of Procuratiorial Power exercising jurisdiction promoting.Though the ways of empirical research and literature review,we can found there still are many problems existing in the judicial remedy function's operation.They are about poor initiative of participants in proceedings using the right of this kind of judicial remedy,slightly rough proceedings of this judicial remedy,and the prosecutor's low recognition about this judicial remedy function.And in the framework of current existing system,there are many problems.The judicial remedy mode of Procuratorate can be improved by strengthening the knowledge of prosecutor,the internal units adjustments,the establishment of proof mechanism,and so on.