Research On The Improvement Of Procuratorial Power Under The Background Of Supervision System Reform

The current procuratorial power of our country is formally stipulated in the Constitution of 1982 and the constitutional position of the exercise body of the procuratorial power is the legal supervisory organ.The reform of the supervisory system is mainly focused on the adjustment of the investigation power of duty crime(later referred to as the duty investigation power).Before this situation changes,the exercise of this authority are the procuratorial organs,and this authority has been in the procuratorial power with an unparalleled position.With the transfer of professional investigation power,the adjustment of procuratorial power is imperative.However,there are some more or less problems in this process such as whether the procuratorial organs need to make necessary supervision measures in the face of the very strong power of professional investigation;after the removal of the duty investigation whether the right of public prosecution and procuratorial supervision need to be further strengthened and improved.This paper is mainlyaimed at the above problems,referring to some specific powers of the foreign procuratorial system,and then according to the specific conditions of our country,this paper puts forward some specific adjustment measures.When it comes to the aspect of supervision to the duty investigation power,the supervision mechanism of procuratorial power can be introduced into the initial investigation stage of crime and the corresponding supervision department can be set up.Whenit comes to the aspect of the right of public prosecution,we can follow the example of foreign countries' procuratorial system to establish the system of plea agreement,add the system of compulsory public prosecution,and endow the procuratorial organ with more power in civil and administrative litigation in order to support the exercise of the right of public prosecution.When it coems to the aspect of legal supervision,it is necessary to strengthen the material protection of procuratorial organs and to ensure the more independent and more impartial exercise of procuratorial power,in addition to the detailed supervision stage and more abundant supervision methods.