Research On Difficulties And Improvement Of Procuratorial Function Under The Background Of Supervision System Reform

In 2016,the pilot work of supervision system reform was launched in Beijing,Shanxi and Zhejiang provinces and cities,and in 2017,the pilot work of supervision system was carried out nationwide.One of the key tasks of this reform is to integrate the investigative functions of the procuratorial organs into the newly established supervisory committee.Therefore,with the gradual advancement of the reform,the procuratorial system in China,especially the procuratorial functions,is facing unprecedented challenges.The divestiture of the investigative function of duty-related crimes has greatly questioned the constitutional orientation of the "legal supervision organ" of procuratorial organs,and has also brought great impact on the exercise of procuratorial functions.In the process of promoting the rule of law in an all-round way,there is no doubt that the legal supervision status of the procuratorial organs can not be replaced.However,under the background of the reform of the supervisory system,how to reform and develop the procuratorial function itself is also a problem that must be faced.Under the background of the above-mentioned reform,this paper combines with the practical problems faced by the procuratorial organs in the reform,analyses the causes of the problems from the impact of the reform of the supervisory system on the procuratorial function,and puts forward the ways to improve the procuratorial function,with a view to providing theoretical and practical reference for the effective exertion of the procuratorial function after the reform of the supervisory system.The first part of the article is an overview of the relevant theories of procuratorial function.It will analyze the related concepts of procuratorial function,the relationship between procuratorial function and procuratorial power,the basic structure of procuratorial function from the perspective of constitutionalism,and discuss the constitutional principle of the positioning of procuratorial function.The second part of the article,based on the basic exposition of the first part,takes the important promotion node of the supervision system reform as the clue,objectively states the dilemma faced by the procuratorial function orientation,function exercise and function guarantee after the reform of the supervision system.The third part of the article,aiming at the problems raised in the second part,finds out the causes of the dilemma of procuratorial function from three aspects:internal and external factors and legislative factors,and makes a profound analysis.In the fourth part of the article,on the basis of the first three parts,the path of optimum design of procuratorial function is put forward from the aspects of function strengthening,function expanding and organization reform.