On The Procuratoration Safeguard Under The Constitutionlism

The People's Procuratorate's responsibility is legal supervision. Procuratorial indemnification supplys substance foundation for procuratorial' construction, and it is important for procuratorial function. Nowadays, the Parliament attaches importance to the district's Procuratorial indemnification and establishment. The treasury embodies in special funds of subsidy, investment, and support for The People's Procuratorate's in the western parts. However, The People's Procuratorate especially the district procuratorate feel embarrass in finance. The main reason is that there is no long-term system for procuratorial' construction, the outlay source is not steady and balance. Therefore, how to re-built the procuratorial'construction system, get rid of the interest-motived actions, has very important theory and practical meaning.The whole essay is elaborated in four parts except the forewords:First, the basis of procuratorial indemnification. It includes three parts:the concept, the characters, and the values of procuratorial indemnification.Second, probeing into the constitutional theory of procuratorial indemnification. It includes three parts:1. To make a constitutional analysis of procuratorial indemnification. On the angle of constitutional, it requirement procuratorial indemnification in three levels:legal supervision, civil polity in China, Judicial independence.2. The integrative procuratorial theory requires procuratorial indemnification. The integrative procuratorial is consistent with the rules of procuratorial development, which is positive to the progress of People's procuratorate. The integrative procuratorial is an administrative pattern, which is character with item-to-item administration. In the integrative procuratorial pattern, the resource must predominate in superior procuratorate, which makes sure the authority and force of superior procuratorate.3. Procurator objectivism requires procuratorial indemnification. Procurator objectivism theory repuires People's Procuratorate keep indifferent at any time. There should no conflict between the private interests and the People's Procuratorate. In order to make sure the legal supervision become more canonical, more transparent, more efficient., Writer advances constructing a procuratorial indemnification theory, which is characteristic of China.Third, The evolution of the procuratorial indemnification. In this part, writer recommends the evolution of the procuratorial indemnification, analyses details on actuality of the procuratorial indemnification, and suggest that it necessary to built procuratorial indemnification theory for judicial reform from the angle of history view.The last, the constitutional analysis of some typical. First, Procuratorial works as one of pubic product should be financed by the central government to ensure People's Procuratorate strong effects in the legal supervision. So that procuratorial indemnification has to be enacted in People's Procuratorate Organization Law and Budget Law. Second, the writer analyses the legal principles of procuratorial indemnification. Third, thinking on how to re-construct the procuratorial indemnification on specific rule. The conclusions are as follows:1. It is indispensable to add the procuratorial indemnification to People's Procuratorate Organization Law, and enact law or regulation to assort with it.2. Construct a long-term mechanism for procuratorial indemnification to ensure the criterion and content.3. Make it clear that it is the People's Procuratorate'obligations to consummating procuratorial indemnification.4. Intensify the congress's power on procuratorial indemnification.