The Reasonable Allocation Of Prosecutorial Power Under The People’s Congress System

The configuration of procuratorial power is the core issue of the prosecutorial system and an important content of the ongoing new procuratorial reform. The reasonable allocation of procuratorial power in the premise of upholding the People’s Congress System calls for the clear positioning of the nature of procuratorial power. But the current positioning of the nature of procuratorial power vary in several different views, including the views of administrative powers, judicial powers and the double attributes of judicature and administration. In accordance with the provisions of the Constitution and the Organic Law of the People’s Procuratorate in our country, procuratorial power is the right of legal supervision, which is separated from the national unified power as an independent power in parallel to administrative, judicial and military powers. Procuratorial power mainly consists of the right of prosecution, the power to detect crime posts, the right of litigation supervision and other specific powers.In general, the configuration of procuratorial power in our country is adapted to the requirements of economic and social development. But there are also some of the areas to be improved and perfected. The unreasonable configuration of procuratorial power attributes to its misunderstanding, imperfect legislation and prosecutorial system defect respectively.The allocation of procuratorial power in our country should adhere to the leadership of the Communist Party of China and the People’s Congress System. It should follow the Constitution and legal rules in our country. It should ensure the authority of procuratorial power and fair, efficient exercise of procuratorial power. It should be based on the national conditions of China and absorb the advanced experience of foreign countries. It should inherit the traditional essence and make innovations. The focus and direction of the reasonable allocation of procuratorial power in our country lies in, firstly, a clear outer boundary of procuratorial power, and secondly, a good configuration of power within the procuratorial organs. All the people in power are easily power abuse. Therefore, the procuratorial organs, as legal supervisors, should also accept all aspects of supervision.