Research On The Optimal Allocation Of Procuratorial Power After The Establishment Of The Supervision System

After the establishment of the supervision system,part of the investigation power of duty crimes originally belonging to the procuratorate was officially transferred to the commission of supervision.The Criminal Procedure Law was amended promptly,and the power of the procuratorate in the field of criminal procedure was readjusted.The Organization Law of the People’s Procuratorate has also been revised promptly,systematically sorting out the powers of the procuratorate originally scattered in various laws,and further regulating the means of legal supervision.After the anticorruption department was transferred as a whole,the procuratorate itself also complied with the reform requirements,proposed the "four major procuratorates" to develop in a comprehensive and coordinated manner,promoted the reform of the procuratorial departments from top to bottom,and adjusted the internal allocation of procuratorial power.The Constitution is the basic law for allocating faquan and regulating its use.The proper allocation of procuratorial power should not only follow the basic principles of state power allocation,such as the principle of democratic centralism in the Constitution but also comply with the provisions of the Constitution on state institutions on the procuratorial system.At the same time,although the 2018 Constitutional Amendment did not directly modify the procuratorial system,after the establishment of the supervision system,the procuratorial power has to build a proper relationship with the supervision power at the legislative level.Adhering to the principles of "the leadership of the Communist Party of China" stipulated in the Constitution has formed new requirements for adjusting the allocation of procuratorial power.Starting from the relevant provisions of the Constitution,in line with the requirements of the constitutionality of the distribution of faquan,the criteria for the optimal allocation of procuratorial power can be summarized as whether the power allocation matches the constitutional positioning of the procuratorial departments,whether the effectiveness and controllability of procuratorial power are taken into account,and whether Contributes to the realization of the balance of different parts of state power within the framework of the constitution".According to the above-mentioned three criteria,the system compares the configuration of procuratorial power both inside and outside the supervisory departments before and after 18 years.It can be found that,on the one hand,this round of procuratorial reform has better adapted to the requirements of strengthening legal supervision and promoting the socialist rule of law in the new era,which is embodied in the comprehensive expansion of procuratorial functions,the improvement of procuratorial efficiency,and the improvement of the state power supervision system.On the other hand,the procuratorial departments’ positioning is not very clear,the scope of legal supervision is not clear enough,the supervision means are insufficient,and the supervision effect is not good enough to be further solved.There are some situations where "there is more than enough division of labor and cooperation,and insufficient restraint and supervision".The reform of "unification of arrest and prosecution" has also led to the lack of supervision and restriction of the procuratorial power itself to a certain extent.Returning to the specific requirements of the constitutional norms,the procuratorial departments should clarify the positioning of their own specialized legal supervision departments,and give full play to their professional advantages to improve the entire state power supervision system.It is necessary to continue regulating the operation of procuratorial power to ensure the effectiveness of legal supervision and the orderly operation of procuratorial power itself.Top-level design should be strengthened to improve the external constraints and supervision of procuratorate in the administrative department,supervisory department,and judicial department.