Research On The Reconfiguration Of China's Procuratorial Power In The New Era

With the entry of socialism with Chinese characteristics into a new era,the overall strategy of governing the country by law is steadily advancing and the reform of the judicial system and the state supervision system have been put in place.The demands of the society on the protection of the ecological environment and the safety of food and drug and other areas of public interest have risen more and more.The reconfiguration of procuratorial power has become a topic of great theoretical and practical significance..On the whole,the necessity of reconfiguration of procuratorial power in the new era is reflected in three aspects: first,crack down the drawbacks of the limited function of procuratorial power in safeguarding judicial justice.In the operation of procuratorial power in China,there are some outstanding problems,such as the strict limitation of prosecution discretion,the lack of rigidity of investigation supervision,the serious imbalance of litigation supervision,and the flow of penalty enforcement supervision on the surface.The effect of legal supervision and the expectation of the society have a great gap,and the effectiveness of the law supervision should be improved through the reconfiguration of the procuratorial power.Secondly,we should deal with the impact of the reform of state supervision system.The supervision system reform directly leads to the limitation of the scope of procuratorial power,which has brought great influence on the reform of the procuratorial system,the stability of the procuratorial personnel and the actual effect of the legal supervision.It is necessary to take active measures to effectively deal with it.Thirdly,the reconfiguration of prosecutorial power is an important exploration to strengthen the role of procuratorial organs in safeguarding public interests.At present,the scope and depth of procuratorial organs' participation in public interest litigation need to be expanded,and more systematic design is needed.The reconfiguration of procuratorial power in the new era has a deep legal basis.First,the constitutional orientation of the procuratorial organs of our country is the legal supervision organ,which is in accordance with the constitution of the constitution,which restricts power by power,restricts power by procedure and restricts power by right.Secondly,the legal attribute of procuratorial power in china is the power of legal supervision.Although it is necessary to participate in criminal,civil,administrative,public interest litigation and other litigation rights to achieve,but these powers are the way and means to perform the state's legal supervision function.Thirdly,the power range of the procuratorial power of our country covers a wide range,including the right to prosecute,the power of investigation and supervision,the right of supervision and the power of investigation,especially after the reform of the state supervision system,the procuratorial organs will still retain limited power of mobile investigation.In the new era,the reconfiguration of our procuratorial power needs to follow the basic principles of the party's leadership,the constitution supremacy,the people centered and the functional coordination.It needs to improve the system mechanism of the operation of procuratorial power from four aspects,namely,the power and responsibility allocation mechanism of the procuratorial power,the establishment of a more strict selection mechanism of prosecutor,the optimization of the internal institution setting of the procuratorial organs,and the strengthening of the internal regulation of the operation of the procuratorial power.we can expand the power of procuratorial power from six aspects:first,to strengthen the discretion of prosecution,and to appropriately relax the applicable conditions of non prosecution and conditional non prosecution in legislation.Second,we can strengthen the substantive supervision of the investigation activities by strengthening the litigation reform of the arresting measures,exploring the establishment of an open review mechanism and establishing the procuratorial supervision mechanism of the property involved in the case.Third,we can establish a normalization mechanism for civil administrative prosecution,strengthen communication and coordination with the court,and establish an active review mechanism.Fourth,we can establish and improve the institutionalized public interest litigation mode,establish and improve the criminal collateral civil public interest litigation mechanism,and improve the procuratorial public interest litigation pre litigation procedures.Fifth,we should strengthen the supervision of the execution of the penalty,and suggest that the legislature give the procuratorial organ the right to start the procedure of the execution of the penalty and give the criminal the right to apply for the reduction of the sentence or the change of the application.Sixth,we can retain limited power of motor investigation.On theone hand,the procuratorial organ,which is intended to use the Criminal Procedure Law(Amendment of the draft amendment),finds the right of detection of crimes that infringe on citizens' rights and impair judicial justice by illegal detention,extortion of confession by torture,illegal search and so on in the supervision of litigation activities.On the other hand,it is suggested that the legislature properly retain the right of investigation of the procuratorial organ in the case of duty crime that is not suitable for the exercise of power,and not suitable for the investigation of the case on the case of filing a case,as a legal remedy for the investigation of the duty crime of the supervisory organ.