Institution-building In The Prosecution Of Internal Oversight

In our country, procuratorate is the legal supervision organ of the state which exercising the right of legal supervision. However, procuratorate supervise others, who will supervise the procuratorate? To strengthen the internal oversight of procuratorate, we should not only rely on outside supervision, but also insist and enhance its internal oversight.The internal oversight of procuratorate derives from the monitoring system of Qin Dynasty and was developed by the YuShiTai system in Tang Dynasty which was also achieved in certain effects. However, with the continuous development of history, the society becomes more and more diverse and complex, which causes the internal oversight of procuratorate becomes a mere formality. Therefore, the procuratorate should take firm and effective measures to strengthen the internal oversight to change the formalized, superficial current internal supervisory situation and promote the work of internal oversight to achieve new result to ensure that the procuratorate has itself purified so that to take a strict, fair, civilized and honest external administration of law.In the process of strengthening internal oversight of the procuratorate at all levels, they often encounter problems such as the inadequate supervision between the various departments, too formalized administrative supervision and the inadequate effect of the procuratorial committee while acting in the execution of its duty. Therefore, to ensure the internal oversight of procuratorate open, transparent and efficient, we should keep to the power restriction theory and the economics of the law theory and principles such as legally supervise, union of inside and outside, integrate the superiors and the inferiors and judicial independence to take self-supervision. In this process, the procuratorate should find out problems in time and correct it and seriously punish the disciplinary violations and should also strictly eradicate procuratorial local protectionism. What's more, procuratorates should change the phenomenon that procuratorate only attach importance to post-supervision but neglect pre-supervision while investigating specific cases. We should produce the best possible result of internal transverse supervision and longitudinal supervision and to shift the internal supervisory point to specific handling process and should put the supervisory department on a legal basis, put the supervisory activity on a reasonable procedure. In the mean time, we should enhance the mutual supervise between the leader and ordinary staff and to form a mutual restrictive system so that to ensure the prosecutors keep themselves uncorrupted, to promote the internal oversight achieve real effect, to ensure the efficiency of prosecutors and the honest of the procuratorate's internal and external work.