Re-allocation Of Procuratorial Powers And Functions In The Era Of Supervisory Committee And Its Possible Influences

On November 5th,2017,Standing Committee of the National People’s Congress passed The Decision to Launch the Pilot Reform of State Supervisory System across the Country,which serves as a symbol of the official commencement of the era of the Supervisory Committee.The in-depth advance of the national supervision system reform has induced a major breakthrough in the political system of our country.It has also posed a great impact on the current judicial system especially when the supervisory committee would integrate the existing overlapping resources and incorporate the anti-corruption bureau,anti-dereliction of duty and infringement bureau and duty crime prevention department.This measure completely overturns the traditional operational mode of criminal procedure,in which the investigation and prosecution are in the charge of procuratorial organs.The procuratorial organs are now facing organizational restructuring at the largest scale ever since their reestablishment in 1978.This is not a simple addition and subtraction of organization,and cutting down departments will inevitably lead to restructuring of functions.The procuratorial organs’ future developments of functions will feature both advance and retreat,and the priority of work is bound to be transformed.Consequently,the relocation of procuratorial powers and functions grows increasingly prominent and urgent.Meanwhile,the effect of relocation of powers and functions on the whole criminal procedures pattern is also an issue in urgent need of clarification in the current study.Based on the aforementioned situation,this article,under the title Re-allocation of procuratorial powers and functions in the era of Supervisory Committee and its possible influences,investigates the basic ideas of and measures for the re-allocation and analyzes its influences from the perspective of changes in the entire criminal suitsituation,in the hope of serving as theoretical foundations and expanding horizons for the future research.This paper is divided into four parts:The first chapter sorted out the basic form of procuratorial powers and functions before the reform of Supervisory Committee,emphatically analyzed the basic concepts of procuratorial powers and functions and also sorted out its historical development and specific content of powers and functions.With the above-mentioned as the foundation,this chapter summarized the issues in the operation of procuratorial powers and functions.The second chapter mainly analyzed the effects of the establishment of the Supervisory Committee on the development of procuratorial powers and functions.It firstly analyzed the distinguishing features of supervisory system reform,secondly made an inquiry into the positive effects of this reform on the development of procuratorial powers and functions and finally focused on the challenges this reform had posed on the development of procuratorial powers and functions.The key information is as follows:Firstly,when facing the newly-established Supervisory Committee,can the execution of procuratorial organs’ powers and functions be independent,smooth and autonomous?Secondly,it is the core operation of procuratorial powers and functions,namely to establish a core power and function between proceedings supervision and public prosecution.Thirdly,it is the issue concerning the value judgment and system coordination of the adjustment of procuratorial powers and functions.The third chapter carried out a detailed analysis on the adjustments of such procuratorial powers and functions as investigation,public prosecution,proceedings supervision,judicial remedies and formulation of rules and pointed out the direction and the priority of future development of procuratorial powers and functions.The fourth chapter is about the possible influences of relocation of procuratorial powers and functions on criminal procedure pattern.It mainly analyzed such corresponding future trends of "Procuratorial-Police" Pattern,"Investigation.Proceedings-Trial" Pattern,"Procuratorial-Supervision" Pattern and "Procuratorial-Enforcement" Pattern respectively:the trend of "Integration",the trend of "Concentric Circle",the trend of "Double-pole System of Supervision" and the trend of "Substantialization".