Research On The Attribute Orientation Of Procuratorial Power In China

After the nineteen big convening of the Communist Party of China,general secretary Xi Jinping put forward the thought of "socialism with Chinese characteristics in the new era",which made the state and society face major reforms in all aspects,which inevitably triggered the reconfiguration of public power combinations.While the original belong to the criminal investigation right,will be over to the national commission.This great change will undoubtedly break the inherent power structure and logic autonomy in China's judicial field,and then enlarge the procuratorial power once again to clarify the urgency of positioning its own power and attributes.Therefore,to study the nature of procuratorial power in China,we should first accurately grasp the basic functions and the nature of the procuratorial power itself.In essence,the state procuratorial power is mainly embodied in the state power of public prosecution.But for a long time,China's prosecutorial power because of its unique properties and have been questioned,especially in the current situation of China's current reform of our country,the Commission appears to break the pattern of China's current constitution for the allocation of state power,it will inevitably lead to unknown problems in our country procuratorial power positioning.Although the achievements of traditional theoretical research are quite abundant,many research results also put forward many valuable opinions and suggestions.However,in terms of the nature and orientation of procuratorial power in China,academia and practitioners have not yet reached a consensus.So it is an unavoidable problem to define the property orientation of the procuratorial power in our country.The theory background of the article as to the power structure theory of democracy is the research,from the comparison of Chinese and foreign system and the power properties perspective,This paper studies and analyses the operation of procuratorial power in practice from an empirical point of view.It holds that there are some theoretical and practical paradoxes in simply positioning the attributes of procuratorial power as administrative power or judicial power.Therefore,it points out that legal supervision power is the most essential attribute of procuratorial power and meets the requirements of socialist rule of law with Chinese characteristics.This article,excluding the introduction,mainly analyzes and expounds the property orientation of the procuratorial power in China from four parts.The first part is the logical starting point and conceptual analysis of modern state procuratorial power.According to its development trajectory,this paper combs two different kinds of procuratorial powers comprehensively,summarizes the process of their emergence and development,and preliminarily demonstrates the allocation relationship between procuratorial organs and procuratorial powers.The second part is based on the theory of the structure of state power,and distinguishes three kinds of positioning views on the attributes of procuratorial power in the current theoretical circles.The third part is based on the perspective of empirical analysis,studies the actual operation of domestic procuratorial power,puts forward many defects in the actual exercise of such power by domestic procuratorial organs,as well as causes of various defects.The fourth part is the conclusion of this article.It puts forward the measures to deal with the defects in the operation of procuratorial power in China,and puts forward some suggestions to improve the reform of procuratorial power in China.