The Historical Evolvement And Contemporary Construction Of The Prosecution Culture Of China

As a nation without culture is a lack of its foundation, so it is the same with a career.On the basis of collecting and reading abundant historical data, this present dissertation,with the procuratorial system and the historical evolution of procuratorial culture of Chinaas its "line", and the procuratorial culture of contemporary construction of China as its"point", analyzes China’s procuratorial culture and the Chinese traditional political cultureand so forth, the inner link of four cultures, and surveies the influence of the westerncapitalist and the Soviet socialist political culture on Chinese procuratorial culture, byexpounding on the history evolution of her procuratorial system. Furthermore, the thesisgenerally analyses the current situation of the construction of China’s procuratorial cultureand then summarizes the structure component, the due value and the function ofcontemporary Chinese procuratorial culture.This paper presents the construct samplethrough concrete examples by the way of combining line with point to each other.The prosecutorial system in recent and modern times was introduced to China atbeginning of the twentieth century, more than a hundred years up to now. In1906(Guangxu thirty-two years), the Qing Dynasty reformed its judicial system: changing theMinistry of Penalty into the Ministry of Justice, unifying judicial administrative; changingthe Dali Shi(government bureau) into Dali Court, with the disposition of ProcuratorialDepartment (JianChaTing), which started the procuratorial system of China.To make ageneral survey of the hunderd years of China, five history periods of procuratorialhistory can be divided generally, namely: the beginning of20centuries, Chinese modernprosecutorial system startup; the Northern Warlord ruling period; Nanjing KuomingtangGovernment period; the revolutionary base period under the leadership of the CommunistParty; and from the foundation of People’s Republic of China until now. There arecontinuous inheritance as well as reconstruction after abolishment in this historicalevolution process.After clarifying the development history of the prosecutorial system of China andmaking cultural analysis,“China’s procuratorial culture” was mainly taken shape, to bespecific, the comparative analysis of the Chinese traditional political culture andprocuratorial culture, the Chinese traditional judicial culture and procuratorial culture, theChinese traditional culture and the procuratorial supervision culture, Chinese traditionalfolk customs and culture and procuratorial culture; and the influences of Western political culture and Soviet socialist political culture on China’s procuratorial culture as well,furthermore, the dissertation put forward the second important theme “China’sprocuratorial culture of contemporary construction”. When discussing on this theme, thedissertation put forward the basic structure, the proper function and the important value ofChina’s procuratorial culture, mainly based on the current situation analysis of China’sprocuratorial culture construction. And after that, it specifically got the deep understandingon the practice modality of “contemporary procuratorial culture construction of China”,based on the case study of the practice exploration of procuratorial culture construction ofZhuzhou People’s Procuratorate in Hunan.This paper throughout held such starting point to logically carry forward the kinshipof “Culture——legal culture——the procuratorial culture”. With the development of theeconomic society, especially along with the transform from "revolutionary party" into "theruling party" occurred in political society, the national theme evolved from "warrevolution" into "peaceful development". The research on China’s procuratorial culturemust rely on the system itself, and must be placed on the process of great impetus tonomocratic society, on the background of constructing harmonious society, to search forthe association, the scientific survey, and the scientific construction of China’sprocuratorial culture and the Chinese traditional culture and system culture.This paper is divided into six chapters, about150000words, aims to outline theoverview of "China’s procuratorial culture" with the integration the theory and practice.Based on the essential requirements of “internalized in mind, regulated by the system,externalized in line (form)”, it dedicates to improve the ideological state, the professionalethics, and the legal literacy of all the prosecutors as well as promote the legal supervisionability and law enforcement credibility of all procuratorial organs by the scienceprocuratorial culture.