On The Prosecutorial Supervision Power Under The Background Of The Reform Of National Supervision System

By combing the history of the changes in China's procuratorial system,it can be seen that the constitution established the status of the procuratorate's legal supervisory organ earlier,the actual connotation of the procuratorial power often varies,which is not strictly corresponding to the legal supervision power.From an empirical point of view,the procuratorial power has multiple attributes such as administrative nature,judicial nature,and the nature of legal supervision,and its contents include investigative functions,public prosecution functions,litigation supervision functions,administrative prosecution functions,public interest litigation functions,etc.In view of the ambiguity of the concept of legal supervision itself and the problems of operation distress and so on,from the judicial practice,the power of supervision in the procuratorial power,that is,the power of prosecutorial supervision,can be regarded as the actualization of the power of legal supervision.Under the reform of the national supervision system,the newly amended constitution has created the right to supervise and retained the status of the legal supervision organ of the procuratorate.However,after analyzing the background of the supervision system reform,the external environment of the procuratorial power operation has undergone major changes,from the previous "one government,two chambers" to "one government,one committee,two chambers."In this context,by comparing national supervision and prosecutorial supervision,we can find that there are differences and conflicts between them,and their essence lies in the difference between substantive supervision and procedural supervision.At the same time,due to the diversified demand of power restriction and the practical significance of the multi-dimensional power supervision mechanism under the NPC system,the respective functions of procuratorial supervision and national supervision are complementary and coexist.However,under the fact that the Constitution still does not clarify the exact meaning of legal supervision,it optimizes the procuratorial supervision system by enriching its connotation,perfecting the mechanism and perfecting the guarantee,analyzing the necessity of establishing the procuratorial supervision law and proposing legislative construction from the aspects of supervision subject,supervision content,supervision measures,supervision procedure,supervision and evaluation,and legal liability,in order to help the procuratorial supervisory return to the origin of legal supervision and realize its utility in the rule of law in the country.