An Essay About The Functions Of Procuratorial Organ

China's procuratorial system inherited from Lenin's "theory of legal supervision",is the common choice of China's political system and judicial system.Supervisory procuratorial power and restrictive procuratorial power are the important theoretical basis for clarifying the procuratorial function.With the further implementation of the judicial reform,especially the establishment of the supervision system,the procuratorial organs must transform and upgrade,strengthen and promote the legal supervision functions of the law,create and create the functional means that conform to the law of justice and respect practical experience,so as to meet the possible challenges that may arise before and in the future of the procuratorial organs.The Constitution grants procuratorial organs the status of "egal supervision",but the functions of procuratorial organs are not limited to the literal word "supervision".Litigation is the inherent functional characteristic of procuratorial organs.The essence of procuratorial function is the right of public prosecution.The procuratorial organs' functions of public prosecution and supervision are independent and organic.The procuratorial organs'power to bring public prosecution,to appear in court and to apply for protest is a necessary part of the procedure of the criminal procedure.It is the specific manifestation of the prosecution function of the procuratorial organ,not the extended function of the procuratorial supervision function,and can not be"quated"with the supervision function.In addition to the traditional criminal prosecution,the procuratorial organs have obtained the new field of litigation through legal authorization,which not only widens the functional category of prosecutorial public prosecution,but also strengthens the supervision of the illegal subject.Supervisory function is the inherent attribute of the procuratorial system in China,and it is also the institutional reaction between the power subjects of our country.In addition to the rigid supervision means of "criminal investigation power",the procuratorial organ must strengthen the other means of supervision to ensure that the status of its "legal supervision" is not shaken.Therefore,in addition to the legal supervision of the main bodies of the judicial stages,the procuratorial organs can also strengthen the supervision of the administrative organs by bringing up the administrative public interest litigation.In addition to these two functions,the procuratorial organ's examination of the application for arrest by the investigating organ should be regarded as a judicial review function.In the future,this function of judicial review will further deepen the contents,objects and ways of the functions,so as to strengthen the supervision of compulsory measures involving the legitimate rights and interests of citizens.