| At present,the reform of supervision system and the superposition of judicial reform in China have triggered a profound reflection on the legal supervision orientation of procuratorial organs.The legitimate basis and the orientation of legal supervision are facing unprecedented challenges,but it also contains the opportunity of Nirvana's rebirth and transformation.This paper traces back to the origin,between the principle and practice of the round-trip system,responding to the "transfer is a turning point",abiding by the fundamental position of legal supervision,focusing on the main responsibility of the main industry for the transformation and development of the road,for the development of the new era procuratorial system has a high theoretical value and practical significance.On the research method,the author combs the system principle and practical dilemma of legal supervision by means of value judgment,comparative study and empirical analysis,and looks forward to the future orientation of the transformation and development of legal supervision by comparing and analyzing the operation law of procuratorial system in the main jurisdictions of the world,and summarizing and reviewing the actual response of procuratorial organs.The main innovation of this article lies in trying to examine and solve the difficult problems of what,why and how the procuratorial organs have been puzzled for a long time.It is proposed that legal supervision includes the complete logic of knowing,examining and supervising,and that legal supervision should be defined as the supervising power of legal operation in accordance with the actual national conditions,and that procuratorial organs should be authorized to supervise and urge the supervised to apply the law,and supervise the supervised to make a reasonable reply within a reasonable time limit through supporting systems.It is pointed out that the long-standing qualitative disputes over legal supervision are essentially structural problems of the two judicial modes of the Soviet Union and the modern West.We should abide by the fundamental orientation of legal supervision,realize that the supervision over the investigation organs,the judicial organs and the administrative organs should not be offside,and clarify the legal supervision and the supervisory committee from the perspectives of "people" and "matters".Reasonable limits of supervision.Overview of the procuratorial system outside the country,combing the procuratorial organs to varying degrees enjoy the power of legal supervision,case-filing supervision,public prosecution and participation in civil and administrative litigation,China's Taiwan procuratorial organs play a command and investigation,judicial supervision and executive command role,but also contains the meaning of supervision.Recalling the recent legislative amendments in the mainland of China and the actual response of the procuratorial organs,we can learn from the experience of the rule of law outside China.We can improve and perfect the socialist legal supervision system with Chinese characteristics from the aspects of power supervision,public welfare supervision and litigation supervision.The legal supervision shows the following aspects:restrictive supervision,open supervision,ex post supervision,synchronous supervision and flexible supervision.To the rigid supervision of the adjustment trend.The future development of the procuratorial system needs to further strengthen the self-confidence of the system,professionalism and public trust,establish the fundamental position of legal supervision and the role of public welfare,promote the limited opening and moderate expansion of procuratorial functions,form a complete set of centralized,participatory and rigid supervision model,and complete the transformation and development of legal supervision. |
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