On The Basic Nature Of Prosecutorial Power And Direction Of The Procuratorial Reform

The basic property of the procuratorial power is the problem which should be solved primarily during the course of the procuratorial reform and even the judicial reform. Basing on the debate upon the procuratorial power inside and outside our country, the paper reviews all kinds of viewpoints in the academic circle in detail. Combining with the constitutional and the legal stipulation as well as the content and the operation form of the procuratorial power, the paper puts forward the viewpoint that the basic property of the procuratorial power is the legal supervisory power and analyzes the connotation of the procuratorial power from different angles such as the procuratorial power of original thought, the procuratorial power under the vision of constitutional government field and the historical procuratorial power simultaneously. In the author's opinion, under the regime of National People's Congress system of our country, though the procuratorial power has the characteristics of administration and judicature, its basic property is legal supervision. The characteristics of administration and the judicature are only in the subordinate position. The constitutional localization of procuratorate is the national legal supervisory institution. On the necessary premise of insisting on the legal supervisory nature of procuratorial institution, the procuratorial reform should carry on the scientific and reasonable disposition for the procuratorial power. The author proposes that we should further enlarge the range of the legal supervisory power of the procuratorial power, reduce its non-law supervisory power and establish a restriction mechanism for using the procuratorial power.