The Independence Of The Procuratorial Power

For a long time,prosecutorial independence has often been overlooked while more attention has been paid to trial independence,both theoretically and practically,in the study and discussion of judicial independence.However,prosecutorial independence is an indispensable part of the judiciary independence.By analyzing the nature and intrinsic properties of prosecutorial power,this paper clarifies the true meaning of the independence of prosecutorial power.Based on in-depth analysis of the positioning of prosecutorial powerand the basic concepts of prosecutorial independence,this paper analyzes the predicament of prosecutorial independence,as well as comments on and introspects the reform of prosecutorial system.Therefore,a new idea is put forward to explore the path of realizing prosecutorial independence in hopes of raising public attention.Moreover,it can guide the practice with theory and provide a new approach to prosecutorial reform.The paper is divided into four parts.The first part analyzes the premise of prosecutorial independence-the positioning of prosecutorial power.Prosecutorial independence can be divided into three levels: The first level is the independence of prosecutorial power,the second level is the independence of prosecutorial organs,and the third level is the prosecutor's independence.In the three levels,the implementation of the latter level should be based on the implementation of the previous level.The independent legal status of prosecutorial power is the major premise of prosecutorial independence.Therefore,how to define the roles of the prosecutorial power is crucial.China's contemporary prosecutorial system is not endogenous to traditional Chinese culture.The second part discusses the basic idea of prosecutorial independence.This paper discusses prosecutorial independence from two aspects: One is prosecutorial external independence,and the other is prosecutorial internal independence.The first one refers to the independence from the external relations in the operation of prosecutorial power.The second one refers to the procurator's independence in the internal power allocation of prosecutorial organs.The independence of prosecutorial organs deserves full attention.Its implementation affects not only the operation of state power but also the stability of state power distribution.Subjugating the prosecutorial power to either the judicial power or the administrative power will result in the expansion of governamental power,contrary to the intent of distributing the State power to divest,link and restrict each other.The existing prosecutorial independence in China is an integral independence that uses the prosecutorial committee system and the responsibility system of the chief prosecutor as its guarantee.Prosecutors,who lack their independent legal status,are only the executors of the prosecutorial organs.The independence demonstrated by the procuratorial organ is the carrier of the overall independence of prosecutorial organs.The independence of prosecutors is not reflected in our laws and institution.The third part explains the plight of prosecutorial independence in our country.In recent years,sensitive terms such as “regional protectionism”,“judicial corruption”,“miscarriage of justice”,etc.are common in the news headlines.The events exposed by the media are alarming.Judicial credibility has been severely challenged and judicial independence once again becomes the public hot topic.At the time of the judicial reform,some of the reform measures have begun to show initial results,but also exposed many deep-seated problems.The internal and external factors that constrain prosecutorial independence still exist,and the reform situation is still severe.The last part analyzes the path of prosecutorial independence in China.With the deepening of the judicial system reform,the degree of democracy and the rule of laws in China have been greatly improved.At present,the judicial reform has just entered the "deep-water area".How to break through the dilemmas and get out of the "bottleneck" so as to truly implement the prosecutorial independence and promote the judicial independence in China is the key issue concerning the success of the reform.The author explores the path of prosecutorial independence and the direction of prosecutorial reform in the reflection of the practice of the reforming system.