On The Supervision Attribute Of The Procuratorial Organ In Our Country

There is no unified viewpoint about the nature of the procuratorial organ . Some people think that it should belong to the administrative power, some people think that it should belong to the judicial power, and others think that it has the double attributes, so the theoretical block of this unification has brought about the difficulty for actual judicial practice. What is the location for the procuratorial organ in judiciary system, and what's the road of the reform of judicial affairs? In order to solve this problem , first we should make that, theoretical aspect clear, and to locate the nature of the procuratorial authority scientifically . As the procuratorial practitioner, the author clearly knows the urgency in resolving this problem. The author thinks that according to the judiciary actuality of our country, the procuratorial authority of the procuratorial organ ought to be defined as the legal authority of supervision , and as for its nature of legal supervision , it has the basis of theory , history and reality. Looking from the aspect of history embryology, the birth of the procuratorial organ is accompanied by supervision , and so supervision is its natural function; and looking from the practice of procuratorial authority in each country, the nature of supervision in procuratorial organ is also very obvious, especially, considering the previous Soviet Union , a socialist system country , this nature is much more obvious .Through the inspection of the occurrence of procuratorial authority , it is not occasional for its occurrence, it is the need of the evolution of civil suit , authority countervails, and big division of work .From the reality and national conditions of our country, the author demonstrated the irrationality of fixing the nature of procuratorial authority into administration power , judiciary power and double attributes, the author thinks that discussion to procuratorial authority ought to build the regime in our native political policy , and jump out of the investigation and discussion of "tripartite" political system; we have very deep theoretical basis of fixing procuratorial authority into legal authority of supervision , and Leninist procuratorial work theory , Maoist country theory and Deng Xiaoping' s rule by law all provide the theoretical basis for the legal authority of supervision ; the experience of the reality and decades of legal system building of our country is also a very good basis ; and looking from the law regulation, fixing procuratorial authority into legal authority of supervision embodies the law. The author demonstrated legal authority of supervision of procuratorial authority from the version.