The Study Of Perfecting Our Country’s Prosecutor Management System

Constitution is the fundamental solution in China, the provisions of the state and the fundamental problems in social life, in all aspects of national and social life. Since the constitution promulgated in operation for so many years, however, due to reasons such as legislation lagging, the constitution confirm and protect the rights of citizens basic rights there are still some with slogans such as equal rights, the protection of speech, the press, freedom of association, and there is no specific law to carry out the way. For example, although the constitution stipulates that everyone is equal before the law in our country, but now there is a widespread inequality between urban and rural areas is also in the society, gender inequality, restricted by unequal education, employment and discrimination such as gender, age, height, etc. Phenomenon. Citizens’equal rights has neither the corresponding law to regulate reasonably, there is no corresponding laws to ban certain areas these there should not have discrimination.So as highly developed today, rule by law in China still exist such an embarrassing situation:though the constitution principle to confirmed a citizen’s fundamental right, but there was no specific laws on the application or entity shall be carry out. So when the basic rights are violated, the court trial encountered such a problem:shall have the right to apply the law without laws, has the constitution but did not have the right to apply. In order to solve this problem, China’s legal science, continuously research and discusses the judicial trial, especially in the civil trial can apply constitution and led to a series of dispute over the question of how to apply.Research way of this article is through to our country civil trial about constitution applicable research background, purpose, status quo and the source of the problem and its related concepts were analyzed, and at the same time for Germany, the United States, Japan and other countries of the theoretical background, theoretical basis and analysis in the application of the model, the study said no, directly apply theory in China is not feasible, and the theory of indirect applicable feasibility of specific problems in civil trial in our country, including whether can be applied, and how to combine China’s specific national conditions apply. The first part of this article is the introduction part of the article, the research is introduced in this paper, the research background, research purposes. How will the protection of the rights of citizens don’t stay in the provision of sloganeering, precess, but can be solved through the operable way to pro’tect. Second part about the basis of the constitution apply to problems in civil trial, why in China appeared in the civil trial for formulation of the constitution, then China’s existing constitutional law involved in the implementation of the constitution of the category, the concept of the analysis applied in constitution, unconstitutional review, the concept of the constitution and constitutional judicialization difference, make clear this paper want to in the civil trial problem of application of the constitution is not to make unconstitutional review or to the courts to add anything in violation of the constitution authority. The third part of this paper is appropriate to the constitution of civil trial theory and outside experience, academic circles in China there are three different points of view about the problem, how to apply in Germany and the United States, each state theory background, theory foundation and concrete model of how. The fourth part of this article analyzes the academia for appropriate to the constitution of civil trial now three models were analyzed, and the "negative","directly applicable" with our existing constitutional system, theory, method and the judicial practice problems such as inadaptability, discussed in Germany similar to the basic rights of a third person so effect theory and the national behavior theory of "indirect apply said." in China the necessity and feasibility analysis, it is concluded that suits the situation of our country existing constitution applicable mode.