Reconstruction Of Procuratorial Unction Under The Background Of Supervision Reform

Under the background of political system reform and judicial system reform in China,and with the promulgation of the "Supervision Law of the People's Republic of China",the supervisory committee formally established be responsible for the professional authority of supervision in China.The right to investigate of duty crimes originally belonging to the procuratorial agency was exercised by the supervisory committee,and the related personnel were transferred accordingly.Combined with the many functional changes that the procuratorate has faced since the re-establishment of the procuratorate in 1978 and the current reform background,the reform of the supervision system is the biggest impact on the procuratorate.As the fundamental law of the country,the Constitution has clear provisions on the functions and status of various state organs.To grasp the nature of procuratorial power under the background of reform,it is inseparable from the constitutional understanding of the positioning of procuratorial organs.Only by fully understanding the theoretical background and realistic background of the mechanism related to constitutional setting can we grasp the procuratorial power as the connotation of legal supervision power,and then determine the inherent requirements of legal supervision.First chapter in this paper,by combining the functions of the procuratorial organs all previous great changes and the current reform background,points to the procuratorial organ in the function change facing indictment of duty crime deterrent supervision function decline after transfer the plight of the lead to problems at the same time,namely after the post indictment is transfer their own how to grasp the positioning make good use of the existing functions,in order to realize their own value of the judicial system in China.The second chapter points out that the nature of prosecutorial power is the right of legal supervision through the analysis of different viewpoints in the academic circle,and puts forward the support basis for this view from the two perspectives of theoretical procedural justice and the need of power restriction in reality,and explains the core of legal supervision.The third chapter,combining the theory and the existing functions of procuratorial organs,the author analyzed how procuratorial organs operate in the new situation,including the right of public prosecution,the right of supervision in litigation and other related functions,and demonstrated how procuratorial organs in the new situation perform their legal supervision duties by exercising related functions,so as to realize their value in the rule of law in China.