How to give full play to the advantages of China's characteristic procuratorial system
To give full play to the advantages of China's characteristic procuratorial system, we should start from the following aspects: First, implement the independent orientation of procuratorial organs in the Constitution and rationally allocate the restrictive relationship between procuratorial organs and local power; Second, strengthen external supervision, and procuratorial power can achieve limited independence in the constraints; The third is to expand the power and means of procuratorial supervision to ensure the implementation of the "legal supervision" function of procuratorial organs. First, the advantages of China's characteristic procuratorial system The procuratorial system is an integral part of the national political system, and the nature of the procuratorial system is determined by ideology and national nature. Although the procuratorial system shows similarities in function or design purpose, the procuratorial system in different countries determines different essential characteristics because of their different national forms. First, the people's democratic dictatorship is the class essence of China's state system, that is, the state power, and also the essence of the socialist procuratorial system. The people-oriented nature of the socialist procuratorial system determines that the socialist procuratorial system adheres to the basic principles of people-oriented, law enforcement for the people, fairness and justice, adheres to the guiding ideology of all for the people and all relying on the people, takes safeguarding people's rights and interests as the fundamental starting point and foothold of its work, strives to solve the most concerned, direct and realistic interests of the people, and is committed to providing strong legal protection for the people to live and work in peace and contentment. Second, the procuratorial organs in China have an independent legal status in the state power structure. On the one hand, it has the status of an independent national institution in the national system. The Constitution and laws clearly stipulate that procuratorial organs are state legal supervision organs and state organs set up in parallel with administrative organs and judicial organs. On the other hand, procuratorial organs exercise their functions and powers independently. Third, China's procuratorial system conforms to the constitutional system of socialist countries and is a superior model of power checks and balances. In this mode of state power structure, the procuratorial organ, as an independent state legal supervision organ produced by and responsible to the people's congress, specializes in exercising procuratorial power and performing legal supervision functions, which can ensure the smooth realization of deliberation and administrative centralization and the unified implementation of state laws. Fourthly, the functions of China's procuratorial organs are guided by legal supervision, which provides a broad space for procuratorial organs to give full play to their roles in the country's political, economic and social life. Fifth, China's procuratorial organs enjoy a series of specific functions for the purpose of legal supervision, which provides the necessary means for procuratorial organs to perform their legal supervision functions. Second, to give full play to the advantages of the procuratorial system with China characteristics, we need to deal with several major relations (1) and the relationship between the leadership of the party and the independent exercise of procuratorial power, which must remain independent. The state establishes the judicial and legal supervision functions of procuratorial organs through the constitutional system and judicial system, with the aim of enabling prosecutors to maintain the legal system, rather than making prosecutors obey any will beyond the provisions of the legal system, and even less allowing prosecutors to violate the law in law enforcement. Procuratorial organs perform the function of legal supervision, especially for those who have important political and economic resources and have certain political and social sensitivity. If they cannot play their due role according to the legal principles on which they are based, they will lose their significance and value. However, the independence of procuratorial power in China can only be "relative independence" that affirms independence and restricts independence. In China, China's * * * production party is the leading core of state affairs, and its leading position in the political life and organization of the country is confirmed in the Constitution. Procuratorial organs are the tools of people's democratic dictatorship and the legal supervision organs that safeguard social fairness and justice. However, this dictatorship must be based on the party's core leadership and must accept and adhere to the party's leadership over procuratorial work. Because the party's leadership over procuratorial work is an integral part of the party's core leadership over the country, it is also the basic guarantee for procuratorial organs to independently and impartially carry out procuratorial work and exercise procuratorial power, which embodies the basic characteristics and leadership characteristics of China's procuratorial system. (2) Handle the balance between legal supervision and supervision. On the one hand, procuratorial organs carry out legal supervision, and the object of legal supervision is other law enforcement organs and judicial organs. The legal relationship of supervision is one-way, that is, the supervision relationship with procuratorial organs as the main body and other organs as the objects. This kind of supervision should be authoritative, powerful and effective. Give full play to the superiority of China's procuratorial system. (3) Reconstruct the proportion of "procuratorial integration" and decentralization. Both the Constitution of China and the Organic Law of the People's Procuratorate stipulate that the Supreme People's Procuratorate leads the procuratorial work of local people's procuratorates at all levels and special people's procuratorates. The people's procuratorate at a higher level leads the procuratorial work of the people's procuratorate at a lower level. Therefore, China's procuratorial organs exercise procuratorial power in accordance with the requirements of "procuratorial integration" and basically form a procuratorial work mechanism that obeys orders and commands. "Procuratorial integration" embodies the law of procuratorial construction. Under this system, the correctness of decisions made by lower-level procuratorial organs often needs the supervision of higher-level procuratorial organs and prosecutors, and the possibility of arbitrary abuse of discretion by lower-level prosecutors is reduced to a minimum. Through top-down hierarchical control, the effectiveness and correctness of procuratorial power can be guaranteed to the greatest extent. However, it must also be admitted that the division of procuratorial power by local power is helpful to prevent the procuratorial power from being excessively concentrated at the top of the procuratorial system and preventing the superior procuratorial organs from abusing their power. Therefore, we should not blindly advocate the localization of procuratorial power, but set up a reasonable division of labor between local power and the power of higher-level procuratorial organs to further standardize the boundaries of local power. Power restriction in realizing procuratorial integration. (4) Solve the contradiction between the over-wide legal supervision authority and the weakening supervision function. Although China's procuratorial organs have certain advantages compared with other countries in nature and status, the legal supervision function of procuratorial organs has been subject to such problems as sloppy supervision procedures, weak supervision means and unreasonable allocation of supervision authority. The view that China's procuratorial organs have too much power is unfounded. Third, improve legal supervision-the basic idea of giving play to the superiority of China's procuratorial system (1) Implement the constitutional orientation of procuratorial organs' independence and rationally allocate the restrictive relationship between procuratorial organs and local power. In this regard, we should implement the constitutional orientation of the independence of procuratorial organs, reconstruct the procuratorial leadership system of "dual leadership of superior procuratorial organs and local party committees at the same level, and give priority to the leadership of superior procuratorial organs" and localize it to some extent. Standardize and limit the extent, manner and scope of local power's intervention in procuratorial work, and prevent local power from interfering in the normal operation of procuratorial power. Therefore, by strengthening the leadership of the higher procuratorial organs over the lower procuratorial organs and the leadership of the procurator-general, the provisions of the Constitution on the leadership of the higher procuratorial organs over the lower procuratorial organs are implemented, so as to strengthen the leadership of the higher procuratorial organs over procuratorial work. At the same time, reform and improve the management system and funding system of procuratorial organs, straighten out the leadership relationship of procuratorial organs, change the leadership system of "compartmentalization as the main and compartmentalization as the auxiliary" and implement the leadership system of "compartmentalization as the main and compartmentalization as the auxiliary". That is, the party group of the higher-level procuratorate directly leads and manages the party group of the lower-level procuratorate, and the party group of the Supreme People's Procuratorate leads the party groups of procuratorates at all levels in the country. The Supreme Procuratorate accepts the leadership of the CPC Central Committee, and at the same time is responsible, reports its work to NPC and accepts supervision. The leaders of the local higher-level procuratorates manage the lower-level procuratorates, and at the same time accept the leadership of the local party committees at the same level, mainly the leaders of the higher-level procuratorates, and at the same time be responsible to the people's congresses at the same level, report their work and accept supervision. In addition, reduce the control and influence of local power on procuratorial work in the financial and personnel systems. In the aspect of organizing personnel, strengthen the management of the higher-level procuratorate to the cadres of the lower-level procuratorate; In terms of funding system, "local full payment" is established. The central government plans the budget as a whole and allocates funds at different levels.