The Position And Operation Of Procuratorial Power In Maintaining The Unity Of The National Legal System

If the Henan seed case in 2003 was to intentionally or unintentionally cover the issue of maintaining the unification of the legal system,the "Gansu Qilian Mountain National Nature Park Management Regulations" exposed in 2017 violated the upper law.The problem is enough to allow us to restart the discussion on the issue of maintaining the unity of the legal system.This local regulation of Gansu Province has not found violations of the upper law after three revisions.The reason is worthy of our reflection.In particular,the "Law of the People's Republic of China" provides a series of measures on how to implement scientific legislation and democratic legislation.In this case,the filing review system is also specified.Article 99,paragraph 1,of the Legislation Law also gives the specific state organs,including but not limited to the procuratorate,the right to submit a review to the standing committee of the national people ' s congress for laws and regulations that violate the Constitution.This provision provides a legal basis for the procuratorate to safeguard the unity of the country's legal system.The writing of this thesis also originated from this.By discussing the positioning and operation of the procuratorial power in safeguarding the national legal system,the dignity of the rule of law in the country is effectively safeguarded.In addition to the preface and conclusion,this thesis is divided into three chapters.The contents of the three chapters are summarized one by one.The first chapter discusses the overview of procuratorial power and the maintenance of the unified legal system of the country.The purpose of this chapter is two.First,we will introduce the basic theory of procuratorial power and the concept and significance of the unity of the country's legal system.Second,step by step,and demonstrate why procuratorial power has much to do in safeguarding the unity of the country's legal system.The second chapter discusses the procuratorial power to safeguard the unity of the country's legal system with the centrality of Article 99,paragraph 1,of the Legislative Law.Although Article 99,paragraph 1,of the Legislation Law gives the procuratorate the power to file a review request for unconstitutional laws and regulations,this power has never been activated.The author intends to carry out thediscussion of this aspect from the historical basis,the realistic basis and the theoretical basis.Of course,if we try to discuss the positioning of the procuratorial power,we must first put it into the "legislation law" to maintain the national legal system unified system to think.The third chapter discusses the operation of procuratorial power to safeguard the unity of the country's legal system.Undertake the previous chapter's argumentation on positioning,expound the ideal operation corresponding to this positioning and the operation in the analysis practice,think about the reasons for the tension between the two,and propose the specific measures for the procuratorial power to safeguard the national legal system,that is,in view of the judicial power The passive nature and the provisions of Article 99 of the Legislative Law have two measures.One is to make good use of Article 99 of the Legislative Law and try to submit a written review request to the standing committee of the national people's congress.The second is to make full use of the filing review.The linkage work mechanism;the third is to pay attention to the role of procuratorial recommendations.