A Study On The Organizational Law Value Structure Of People’s Procuratorates

On October 26,2018 the 13 th session of the standing committee of the National People’s Congress examined and passed at the sixth meeting of the people’s procuratorates of the People’s Republic of China organic law(revised draft),the organic law of the people’s procuratorate in 1979 made a significantly modified and perfected.Any legislation will involve the problem of value orientation.The Organic Law of the People’s Procuratorate,as a constitutional law about the procuratorial organ,must contain abundant value elements.The author,based on the perspective of constitutional law,from organic law for the people’s procuratorate and the people’s procuratorate organization system itself,the organic law in the people’s procuratorate useful object and the interaction of main body of the people’s needs,refine out the organic law of the people’s procuratorate value elements: value of the regulation of the power of procuratorial supervising state public power and The procuratorial human rights value,procuratorial fair value,the prosecution efficiency value.Among them,the fundamental value or core value is the protection of human rights,the basic value is the justice and efficiency of the prosecution,and the important value of the prosecution is the regulation of the public power.The value system and value process formed by these value elements according to certain structure and mechanism constitute the value structure of the organic law of the People’s Procuratorate.The value structure of the organic law of the People’s Procuratorate includes both the existing state(static structure)and the evolution process(dynamic structure)of value(the change of value elements and their relationship).The value structure of the Organic Law of the People’s Procuratorate has its basis,condition and process of dynamic evolution,from which it can be concluded that the law of its value evolution includes the law of value element expansion and the law of value element internal change.On the basis of this research,the author puts forward some suggestions on optimizing the value structure of the Organic Law of the People’s Procuratorate: optimizing the value of procuratorial supervision means regulating the value of state public power,strengthening the value of procuratorial justice and enhancing the value of procuratorial efficiency.