Research On The Change Of Legal Supervision Function And Operation Of Procuratorial Organs

With the revision of the Constitution and the introduction of the law of supervision,China has formed a new pattern of supervision of the Government,the Commission,the courts and the Public Prosecutor’s office at the local NPC and its Standing Committee,which constitutes a new system of power supervision.However,the constitutional orientation of China’s procuratorial organs has not changed,the people’s Procuratorate is the procuratorial organ of our country,and the legal supervision is the important state duty and mission entrusted by the Constitution to the procuratorial organs.In order to adapt to the situation requirements of the new power supervision system,the procuratorial organs should promote the transformation and development of the legal supervision function of the procuratorate with a new supervision concept.Based on the essence of the legal supervision function of the procuratorial organ and taking the work report of the Supreme People’s Procuratorate for many years as a sample,this paper analyzes the complex factors behind the change through the objective manifestation of the change of the legal supervision function of the procuratorial organs in different periods.To promote the coordinated development of the legal supervision function and give full play to the role and value of legal supervision.This article is divided into four parts,the first chapter writes to the nature of the procuratorial organ,that is,the procuratorial organ is still the legal supervision organ,the procuratorial organ has the balance of conflict of interest,the optimal allocation of judicial resources,the effective repair of the damaged order,that is,the value of the promotion of the new rules and regulations,in addition,the legal supervision.The second chapter starts with the transformation of the legal supervision function of the procuratorial organ,analyzes the three stages of the transformation of the legal supervision function of the procuratorial organ in our country since the 1880 s,the first stage procuratorial organ is dominated by the supervision of criminal Procedure,and the second stage procuratorial organ is supplemented by the supervision of civil administrative litigation,The third stage of the new development of the legal supervision function of procuratorial organs.The third chapter analyzes the development of law,the policy of the party and the Voice of the people,which affects the legal supervision function and the change of the operation of the procuratorial organ.The fourth chapter analyzes the Enlightenment of the change and operation of the legal supervision function of procuratorial organs in the new era,through adhering to the function law,strengthening the legislation of legal supervision and promoting the reform of internal institutions to perfect and develop the legal supervision function of procuratorial organs.