Research On The Position In The Constitution Of The People's Procuratorate Under The Background Of The Reform Of The National Supervision System

The reform of the national supervision system was kicked off by the pilot work of Beijing,Shanxi and Zhejiang at the end of 2016.By November 2017,the “People's Republic of China Supervision Law(Draft)” was open to the public for comments.In March 2018,on the 11 th,the first meeting of the 13 th National People's Congress passed the "Constitutional Amendment of the People's Republic of China" as legislative support.By March 20,2018,the "Supervision Law" was officially announced.The major changes in the state's supervisory system have made the supervisory committee a fourth-class state organ based on the system of people's congresses and juxtaposed with the “one government,two organs”.At the central level,the power allocation pattern of "one government,two organs,two committees" with the people's congress as the core has also been formed.Behind the rapid and powerful reform of the state supervision system is the development of innovative legislation that restricts the control of public power,eradicates corruption,and eliminates greed from the source.It also reflects the firm confidence of the party and the state in achieving a comprehensive rule of law.The power of reform is inspiring,but the reform is not done overnight.It requires new and old things to work with the environment before and after,and to experience constant thinking,questioning and doubt.The most affected department in this state power allocation reform is undoubtedly the people's procuratorate.The "authority" of the people's procuratorate,like the tiger who was sent to the tooth,is largely weakened.It is worth pondering how the people's procuratorate will go in the future.Although there is a lot of room for research on procuratorial reform in the fields of organization law and procedural law,the most fundamental thing is to return to the constitution and determine the reform trend by discussing the constitutional orientation of the procuratorate.Only in this way will there be no directional error in the future reform of the procuratorate.Based on the research on the constitutional orientation of the people's procuratorate under the background of the supervision system reform,this paper focuses on three issues.In the first aspect,what is the constitutional orientation of the people's procuratorate? By integrating the constitutional orientation theory system of the people's procuratorate,on the basis of synthesizing past academic views and fully interpreting the constitutional text,it is determined that its constitutional orientation is the state legal supervision organ.In the second aspect,within the framework of the constitution,the interpretation of the constitutional orientation of the people's procuratorate also includes the constitutional deconstruction of the people's procuratorate as a legal supervisory authority.For this issue,this paper is based on the constitutional normative framework and strives to make a comprehensive and clear explanation of the authority of the agency.In the third aspect,this is the key issue of this paper.The external and internal impacts of the supervision system reform on the people's procuratorate,and the historical changes,how the people's procuratorate fulfills the functions of the state's legal supervisory authority,that is,the realization of the procuratorial mechanism reconstruction and the legal supervision function.This issue involves the dynamic connection between the procuratorial organ and the administrative,supervisory,and judicial organs,involving legal norms and specific systems and path construction.The theoretical discussion of the first two aspects is supportive for the answer to the third aspect of the question,and the third aspect raises questions and answers.It is the core point of this article,the area of innovative ideas,and the purpose and significance of the thesis writing.By continuously reaffirming the constitutional orientation of the national legal supervision organs of the People's Procuratorate,this paper determines the future development direction of the People's Procuratorate,that is,adheres to the constitutional status,strengthens the ability of legal supervision,and firmly performs the national legal supervision function.