Study On The Relative Independence Of Procurators

The purpose of this article is to discuss the relative independence of procurators, we generally discuss the term "procuratorial independence" from the perspective that the people’s procuratorates shall exercise procuratorial power as a whole, lacking the discussion of internal relations of the procuratorial organs. In our country, procurators miss the status of independence. The principle of procuratorial integration is expressed as three-level examination and approval system, administrative color is strong. It has adverse impact on the case quality, the distribution of the responsibility and the quality of procurators, so the independence of procurator has become the key point of procuratorial reform. But in current discussion, few scholars have looked at the relative independence of procurators in systematic study. The discussion mostly focused on the direct procurator system, failed to analyze this issue from the following aspects:the basic handling form, how to realize proper authorization, restriction of the principle of procuratorial integration, the supervision of the procurators. This article intends to find a possible way to strengthen procurators’independence in Chinese context. Fully considering the restriction of national conditions and the characteristics of procuratorial work to discuss specific paths, the study of the article which is based on the viewpoint of practice and gradual improvement try to clarify the form of independent handle system, the basic principle of authorization and the restriction of the principle of procuratorial integration. When discussing the independence of procurators, we should put a reasonable limitation on it, because procuratorial power is both administrative and judicial. As for the construction of procuratorial organs, the principle of procuratorial integration is the basic principle. We also need to supervise the procurator exercising procuratorial power inside and outside of the procuratorial organs, the independence of procurator can just be "relative", which has a big difference with judge.Besides the introduction, the article is divided into four parts. Beginning with the first part, the author analyzes the internal relations of the procuratorial organs, pointing out the reality that procurators lack independence and its disadvantages. Then the author analyzes the importance and meanings to strengthen procurators’ independence. In the second part, the author clarifies theoretical connotation, the relative independence of procurators reflects on the internal relationship of independence. We should know how to coordinate the relations between the procuratorial integration and the independence of procurator. We can find that the civil law countries focusing on the regulation of procuratorial integration through comparative observation, trying to avoid the improper intervention during the process of procurators exercising their powers. As for the relativity, it is mainly embodied as the procuratorial integration and external supervision. The third part turns the study to China’s procuratorial practice. On the basis of theory introduction, the author introduces and evaluates the prosecuting attorney system and the direct procurator system, pointing out the adverse impact that the current reform may have on the relative independence of procurators. In the meanwhile, the article compares the direct procurator system with specified number of personnel, pointing that specified number of personnel may have impacts on the direct procurator system. At the last part of the article, the author aims to clear the "Chinese landscape" of the relative independence of procurators. From the viewpoint of practice and gradual improvement, and connecting with the limited practical conditions, the fourth part tries to find the implementation paths. Independent handle system should be the basic handling form. We should clear the principle of the delegation of power and use power checklist. A boundary should be set between the procuratorial integration and the independence of procurator. At last, to avoid the drawbacks resulting from the procurator exercising procuratorial power independently, the supervision system should be established accordingly.