The Basic Theory Of Prosecutorial Power

For a long time, the academic circle’s understanding of the nature ofprocuratorial power general reference to China’s constitution, Simply makingprocuratorial power equal to legal supervision power can’t meet the reality and thetheory and practice of the future demand. At present, more and more scholars begin topay close attention to explore the nature of procuratorial power and remark moretheory.In this paper, author will expand Professor Jiang De Hai’s theory on the basic ofcurrent theory.The practical significance of this article lies in the impact of research of thenature of prosecutorial power on where the whole procuratorial organs belong in thenational power system, and the configuration of the internal departments of theprocuratorial organs. Meanwhile, in various action such as civil, criminal,administrative action, what power are shared by procuratorial organs are all accordingto the nature of prosecutorial power. Therefore, this research is not just abouttheoretical exploration, it goes with universal practical signaificance.The basic structure arrangement: in the first chapter, first to criticize somepopular theories which are the executive power theory, the judicial power theory andthe dual of procuratorial power theory. Through the analysis, we conclude the meritsand shortcomings. Based on this, the author in the second chapter will statementprofessor Jiang De Hai’s power control type procuratorial power, and statement the author’s identity the viewpoint reasons and this view is still need the insufficient place.The last chapter, in the first two chapters based on the content, to reopen the control ofpower type of procuratorial power concept, content and features of the detailedelaboration, especially as control of power in all kinds of judicial process ofprocuratorial power that should be enjoyed power and function.