Construct Of The Legal System Modernization And Procuratorial Authority

In under the legal globalization tendency, the various countries all are carrying on the judicial transformation. Our country procuratorial agency also positively is discussing the reform way. As a result of the historical limitation and the legislator's modern judicature system understanding limitation ,at present the procuratorial agency construct in the nature localization and the authority on all has the flaw which is against the legal system modernization request . Urgently needs to establish a set completely, conforms to the modern legal system law of development procuratorial system. First should be clear about the procuratorial agency is the legal surveillance institution, at the same time also is the appeal institution. The two are the equal standing but the non- containing relations. Under this premise, unioning legal system modernization request, from independently exercises the procuratorial power, restores general legal in supervisory authority, at criminal prosecution and from detects case to fulfill legal supervisory authority, common right of suit and by public interest representative's aspect and so on status participation lawsuit constructs the procuratorial authority.