The Essence Of Procuratorial Power In China

On the nature of China's procuratorial power,a lot of controversy.The prosecution system originated in France,the Soviet Union had a major reform of the prosecution system.The new China's procuratorial system was strongly influenced by the Soviet model,but the subsequent development was no longer limited to the Soviet law.The current constitution of the prosecution as the legal supervision of the organs,the logic can not be self-consistent,does not meet the legal principles of prosecution,the essence of procuratorial power should be executive power.The future supervision committee system,which absorbs some of the powers of the procuratorial organs,should be targeted as administrative supervision organs.On the Etymology of "Prosecution" in Chapter 1.This chapter examines the development and development of the word prosecution.The transplant of the modern western legal system provided us with the content of the procuratorial system,and the ancient Chinese censor system provided us with the term "procuratorial".The second chapter from the prosecution system to the legal supervision system.Modern prosecution system originated in France,from the beginning of the "king agent" to develop full-time office.Judging from the history of the development of power,the emergence of prosecution is the product of litigation decentralization.After the prosecution system,in the Soviet Union and China experienced two alienation.Chapter III The concept of legal supervision organs from the legal point of view,because the Constitution has a supreme position,the definition of the concept should be consistent with constitutional norms.However,the concept of legal supervision organs in our country's legal system that year does not have reasonable,need to be reconstructed.I believe that China is the "unity of the line" of the government,the legal supervisory organs function is the highest authority,that is,the National People's Congress and its Standing Committee.Chapter 4 There are three kinds of doctrines about the essence of procuratorial power in our country,namely,"administrative power","judicial power" and "legal supervision".Due to historical reasons,the legal supervision that is currently China's pass.The power of the administration is mainly to examine the nature of the procuratorial power from the development of the modern procuratorial system.Judicial power argues that procuratorial affairs is part of the judicial affairs.The author tries to construct a limited division model of judicial power and executive power by means of Kelsen's doctrine,which defines the essence of our procuratorial power as administrative power.The definition of prosecution as an executive power will have a certain impact on the legislation.Chapter 5 Reform of the State Procuratorial System.The reform of the state procuratorial system is a political reform deployed by the central government in the new period,with the aim of strengthening the construction of a clean government and building a modern national supervision system.The Reform of the State Procuratorial System Should Seek Lessons from the Historical Censor System.I believe that the nature of the Commission is a typical executive power.