On The Prosecutorial Power's Nature, Function And Reconstruction In China

In accordance with the Constitution, legal supervision is one of the functions and powers exercised by the People's Procuratorates, upon which the Procuratorates' operation as well as its judicial reform is based. However, at present both in the academic circle and the bar, there exists various doctrines on the nature of prosecutorial power such as administrative power, judicial power, quasi-judicial power, legal super visional power, and dual attributes doctrines, which practically leads to the misunderstanding of the reform direction and the functions and powers of the People's Procuratorates. Emphasis on investigation or prevention or litigious supervision or legal supervision varies from people to people. By comparing foreign and China's prosecutorial legal systems based on China's current political system, this paper concluded that theoretically and fundamentally, prosecutorial power in China is kind of legal supervision power, which comes within the category of legislative power. Proceeding from the actual situation of China and its judicial system, it is contended that China's procuratorates shall exercise functions and powers of legal supervision combining general legal supervision with litigious supervision in an all-round way. It is also pointed out that we shall adopt a vertical leadership mechanism among procuratorates at different levels and establishment of legal institutions shall separate judicial power from administrative and legislative powers.