The Properties Of The Prosecutorial Power And Constraints

The dissertation is about 32,000 words, consisting of three parts.The first part discusses the nature of procuratorial power. First, the author introduction on the conventional view of China and former Soviet Union, that is the procuratorial power is the concentrated embodiment of the legal supervision power. The procuratorial organs institute and attend the litigation is the species to carry out the legal supervision power. Second, the author discusses the concept of legal supervision power, and explains that the subject of the legal supervision power is not single. The object of the legal supervision power is not the generic citizen, juridical person and public organization. It supervises the implementing of the legislative power, the administrative power and the judicial power. So, the procuratorial power does not equal to legal supervision power. Meanwhile, it is not right that the procuratorial organs are responsible for legal supervision. Third, the author sums up the history and the present situation of the procuratorial system of different countries, and draws conclusion that the public prosecution power, the criminal investigation power and the litigation supervision power is the principally content of the procuratorial power. And the procuratorial power has the feature of the administrative power, judicial power and legal supervision power. In the west countries, the procuratorial power is believed to be a part of the administrative power. In our country, the procuratorial power is totally able to become a national basic power and is parallel to the administrative power and judicial power.The second part discusses to restrain the procuratorial power. The realization of the procuratorial power can not independent of the subject of the subject of the procuratorial power. And thesubject of" the subject of the procuratorial power is the owner and user of the procuratorial power. In the statutory of each country, the subject of the procuratorial power mostly is the procuratorial organs and procurator. To guard against the abuse of the procuratorial power and undertake the activity of the litigation is carried out normally, many countries take the principles of restraint as the working principles of the procuratorial organs, and restrain the subject of the procuratorial power exercising inside and outside the procuratorial organs. The restraint mechanism inside the procuratorial organs mostly is carried out through the relation between the superior and the subordinate that incarnated by the principles of integration. The superior procuratorial organs or procurators through direct supervise and correct the subordinate's conduct, thereby reach the objective of restrain. The restraint mechanism outside the procuratorial organs mostly is carried out through the litigant, court, people's congress and social force. The third part discusses the embodiment the nature of the procuratorial power and improves the restraint mechanism. First, on the grounds of the nature of the procuratorial power, the author sums up the nature and the position of the procuratorial organs of different countries. And incorporating the present situation of our country, the author draws conclusion that Chinese prople's procuratorates should be responsible for public prosecution and legal supervision relevant to litigation. Second, on the ground of the new posit ion, the author makes suggestion to adjust the authority of Chinese prople' s procuratorates. And give the opinion that we should carry out the principles of integration in the relation between the procuratorial organs and the public security, and set up the judicature control mechanism in the procedure before trial. We should also bring about the position of the procuratorial organs equal to the litigant. Third, the author makes suggestions to improve the restraint mechanism to the procuratorial power inside andoutside the Chinese prople's procuratorates, among them the most important thing is to take the principles of integration as the working principles of the...