On The Restoration Of Procuratorial Supervision Function

The procuratorial power,that is,the legal supervision power,is a rational system design with distinct local characteristics,which is constructed to prevent the arbitrary power.Looking at its historical evolution and actual operation,weakness,confusion and crisis always haunt its surroundings,and it is difficult to match its lofty status engraved in the Constitution.Therefore,it is necessary to clarify the root cause of the lack of smooth operation of legal supervision power,so as to "set aside chaos and counter-correct" for it in theoretical research and practice.The procuratorial power in Chinese context is no different from the legal supervision power.Although there are many arguments and a hundred schools of thought in theory and practice,the clear definition of constitution is the best response to this disagreement.It has evolved for a long time in the local rule of law ecology,and has a different background from the outside China.If we look into its history,we will clearly find that it is taken from the Soviet Union,in the theoretical construction of Lenin’s legal supervision,people’s democratic dictatorship,separation of powers and checks and balances,and based on the local tradition and practical needs,it can be said to be a perfect combination of the elite of the various systems.Therefore,in the theoretical research,we must first clarify the scientific connotation,system structure and logical boundary of the procuratorial organ’s legal supervision power,and then put the research perspective around the world,and compare and sort out the supervision efficiency of procuratorial power in other jurisdictions.Based on the constitutional position of procuratorial organs,the analysis of "legal supervision" should focus on the following three dimensions: First,the tasks and missions carried by procuratorial organs.This is a value consideration at the political level,that is,what value pursuit should be carried out and realized by procuratorial organs as legal supervision organs.Second,the scope of legal supervision.That is,the function and utility that the procuratorial organ should possess under the situation is more than the actual state.In our country,the function of procuratorial organ is legal supervision,which is the value that it shows in the normative level,also called normative value.Third,the operation mechanism and practical effect of legal supervision.That is,the practical value is the operating principle and the value efficiency that the procuratorial organ follows in the actual work as the legal supervision organ.The core boundary of "legal supervision" is divided into three dimensions,which has extremely important theoretical and practical significance.This paper analyzes and understands the meaning of "legal supervision" from three angles of political mission orientation,covering scope and practical operation mechanism,and can accurately and completely answer the important questions such as how procuratorial organs should find their new historical position under the background of state supervision system reform and judicial system reform.The procuratorial organ’s legal supervision power is the system achievement which dialectically draws on the extraterritorial,organically inherits the history,the moderate national transformation,has the irreplaceable value function in maintaining the constitutional system,supervising the law implementation,regulating the power exercise,optimizing the human rights guarantee and so on.It should be based on the basis of the coexistence of change and opportunity,optimize its power structure and operation mechanism,and carry out its lofty supervision mission in the new historical period.