The Procuratorial Organs Implement The Constitution

The life of the constitution lies in its implementation.Law enforcement is the important link for the implementation of the constitution,the law is implemented,it means that through the law to get the specific constitution is in essence is enforced.Under the system of the people's congress,different state organs carry out the constitution in different forms according to statutory functions and powers of different.The procuratorial organ,as the legal supervision organ of the state,also carries out the constitution by the independent exercise of the procuratorial power granted by the constitution.Our current constitution in article one hundred and thirty-four to thirty-eight constitute the procuratorial organs exercise their functions and powers of the constitutional basis in our country,and the constitution preface of the last paragraph,constitutes the procuratorial organ to perform the implementation of the constitutional basis of constitutional responsibility.The development of procuratorial organs in our country shows that the important purpose of the state to establish procuratorial system is to realize the constitutional function.The utility of the procuratorial organ to implement the constitution lies in that the procuratorial organ is the guarantor of civil rights,and it protects the civil rights by exercising the right of public prosecution;the procuratorial organ is the vindicator of the national legal system,and it upholds the unification of the legal system through the indirect application of the constitution;the procuratorial organ is the representative of the national interest and the social interest,and it safeguards the national and social interests by exercising the right of claim.The procuratorial organ,in order to maintain the unified implementation of national law and protect the basic rights of citizens and safeguard the national and social interests by performing the functions of litigation and supervising functions.It can also be said that the procuratorial organ carries out the constitution in the manner of performing the functions of litigation and supervision.To be specific,the litigation functions of procuratorial organs are mainly reflected in the two aspects of criminal prosecution and public interest litigation and the supervision function is mainly reflected in the two aspects of administrative supervision and litigation supervision.At present,in the system of administrative and criminal system,there is still the weak link of the right protection which is formed due to the absence of judicial relief.Therefore,in the future the procuratorial organs should strengthen in the criminal procedure of civil property rights,privacy intervention measures of legal supervision,strengthen the legal supervision of non psychiatric compulsory medical treatment,strengthen the legal supervision of holding education,thus the basic rights of citizens are guaranteed by legal supervision.It should be the focus point that the procuratorial organ to strengthen the legal supervision in the new era.The reform of the party and state institutions is developing in the present,in order to eliminate the influence of local and administrative organs on the procuratorial organ in the past,the procuratorial organ must make the procuratorial organ's independent exercise of procuratorial power is molten into the mode of thinking in realizing by law,and make constitutional acts in strict accordance with the constitution,so as to effectively implement the constitution.