Research On The Position And Function Adjustment Of Procuratoriral Organs Under The Background Of Supervision Reform

In March 2018,with the promulgation of the Supervision Law and the unveiling of the Supervision Committee,the reform of the supervision system was further advanced,and China established a centralized,unified,authoritative and efficient national supervision system.The core of the reform of the supervision system is to integrate the power of investigating crimes on duty and establish a national anti-corruption supervisory authority,but it has also brought a series of effects.For the supervisory authority,the law stipulates that it has the right to investigate duty violations and duty crime cases,which is an important manifestation of the exercise of its supervisory right.For procuratorial organs,the power of investigating crimes originally enjoyed by procuratorial organs has been transferred,the anti-corruption,malfeasance,and duty crime prevention departments of procuratorial organs have been transferred,and related staff members have also changed their positions accordingly.The right to initiate prosecution and legal supervision becomes The important functions and powers of the procuratorate.The reform of the supervision system will undoubtedly have a significant impact on the procuratorial organs.The biggest impact is that the procuratorial organs have lost the rigid means of investigation.Prior to the reform,the procuratorial organs could exercise their powers through investigative methods,such as detaining suspects of duty crimes.,A rigid means of seizing and sealing up the property involved in duty crime cases,but the reformed procuratorial organs will no longer investigate duty crime cases,and naturally will no longer enjoy the above powers for duty crime cases,greatly weakening the rigidity of procuratorial organs Force.Faced with the impact of the reform of the supervision system on the procuratorial organs,some people have questioned the nature of the procuratorial organs,and the status of the procuratorial organs as the state’s legal supervision power has also caused controversy.Some people believe that the functional positioning of the procuratorial organs is no longer the national legal supervision organ,because the procuratorial organs’power of investigating crimes is transferred to the supervisory organs,and they no longer enjoy the power of investigating crimes,thus losing the most important power.Changes may become an organ with only the right to prosecute.This view holds that the nature of the procuratorial organ as a national legal supervisory authority will change,because its nature is reflected by the power of investigation powers for duty crimes.After transferring the procuratorial organ to the supervisory organ,the procuratorial organ lacks the core Authority and nature should change accordingly.In the context of the reform of the supervision system,it is particularly necessary to redefine the positioning of the procuratorial organs.After the power of investigating crimes has been stripped off,the scope of procuratorial power has been limited,and the functions of the procuratorial organization are facing major adjustments.At this time,the nature of the procuratorial organization is not only related to the theoretical discussion of the procuratorial organization,but more importantly how the procuratorial organization will be in the future.Exercise legal supervision and how to improve the mechanisms and means required by procuratorial organs to implement legal supervision.Secondly,after clarifying the nature of the procuratorial organs,it is necessary to further explore the more specific impact brought about by the reform of the supervision system,that is,changes in functions.The "Supervision Law" clearly defines the supervision objects,scope of supervision,and methods and procedures for performing functions.However,in the application of laws and regulations,it is inevitable that new problems and difficulties will be encountered,and how the work of the supervision and inspection agencies will be seamless.Docking is one of the realistic issues facing it.The connection between the supervisory and prosecutorial organs is mainly reflected in the stage when the supervisory organs transfer the dossier materials to the procuratorial organs after investigating official crime cases,and the procuratorial organs decide whether or not to prosecute.This stage is a key link in the work of both parties,such as The procedural issues when the agency receives case materials,whether it is necessary to establish a special internal liaison department of the procuratorial organ,we need to refine and improve it,propose practical strategies for improvement and establish a smooth connection mechanism.Studying the changes of its functions and putting forward perfect suggestions are of great significance to the exercise of the legal supervision power of the procuratorial organs,and propose an improvement path for the convergence of the supervision and inspection organs,so as to enhance the efficiency of the supervision and inspection organs in exercising their supervision power.The first part of the article is a theoretical guide,asking questions to explain the research background.It emphasizes the necessity of determining the nature of the procuratorial organs and clarifies the research objectives of the article in order to clarify the positioning and functions of the procuratorial organs,effectively exert the advantages brought by their functions,and ensure the smooth operation of the work of the procuratorial organs after the reform.The second part of the article is to interpret the background of the reform of the supervision system and the specific impact it brings to the procuratorial organs,and specifically discuss the content and significance of the reform of the supervision system and the impact of the supervision reform on the authority of the procuratorial organs.It also puts forward the necessity of the article to determine the nature of the procuratorial organs and the content of connection with the work of the supervisory organs.The fourth part of the article puts forward suggestions for improving the functions of the procuratorial organs,mainly fThe third part of the article.This part first compares supervision and investigation with procuratorial supervision from a side perspective,and responds to the nature of the procuratorial organs as the national legal supervision organs.From a positive perspective,it analyzes and interprets the functions of public prosecution authority,litigation supervision right,and public interest litigation,and re-determines the nature of the procuratorate.Focusing on the public prosecution right,exerting the procuratorial supervision function and the power of public interest litigation.At the same time,based on the background of the reform of the supervision system,analyze how to improve and actively coordinate with the work of the supervision organs,and clarify and standardize the connection between the two work,and give full play to the legal supervision function of the procuratorial organs.