On Independent Exercise Of Prosecutorial Power And Its Conception Of The Protection Mechanism,

With the gradual deepening of our country's economic system reform, the people proposed higher requirements to the political democracy. In order to adapt the requirement, the central government established the basic tactics to administer the country legally, and proposed the historic missions of the "Promotion of Judicial Reform" to the judicial organizations. In the CCP's 15th and 16th Congress, the CCP proposed clear tasks and requirements to the procuratorial reform, this not only expressed the hopes of the CCP and the people to the procuratorial organizations, but also expressed our country's attitude at the actively promotion of the procuratorial reform, this has great significance to our country's establishment of socialism legal system.Comparing with the western country's procuratorial systems, our country's procuratorial system has its special features. This decided by our country's special situation. According to our country's constitutions and the People's procuratorial organization law, the procuratorial organizations are the law supervision organizations of our country.The establishment and development of our country's procuratorial system has passed a difficult and protracted road, under the influence of the left sided thinking, the procuratorial system has ever been seriously disturbed and destroyed. After our country's 11.3 Congress, our country's procuratorial system began to develop normally, and began to step into a new historical stage. As an important judicial system, our country's procuratorial system is still not very complete, there are many problems needs to be resolved, we need further research and reform, to prompt the further development of the procuratorial business.In this article, combining the theory with practice, circling around our country's procuratorial rights and the guarantee system, our emphasis is to research the questions as follows: 1, The theory on legally and independently procuratorial rights enforcement, including the meanings of the accurately positioning of the procuratorial rights and the independently enforcement of the procuratorial rights, and the contents, the waysof realization of the independently enforcement of the procuratorial rights. 2, The present situation and the limitation elements of the independently enforcement of the procuratorial rights. 3, The suggestion of the guarantee structure of theindependently enforcement of the procuratorial rights.