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First, the connotation and extension of prosecutorial power
The rational allocation of prosecutorial power and standardization of operation


<div style=\ [Abstract] the optimal allocation of prosecutorial power is the core issue of prosecutorial reform, judicial reform is inevitable. Scientifically prosecutorial power, you need to the existing constitutional system and system framework, the following rules and considerations of judicial prosecutions of actual needs. This paper concerns the legitimacy and rationality of prosecutorial power point of view, pointed out the existence of prosecutorial functions and powers of the weak links and analysis and legislative oversight, and then explore the optimal configuration and prosecutorial powers of the aspects of innovation and operational mechanism Opinions and ideas. Number of aspects. [Key words] prosecutorial power allocation mechanism within the power of innovation this paper from China Union [link widoczny dla zalogowanych] collected.
From a structural point of view, the internal configuration of prosecutorial power was three levels: 1, the level of prosecutorial power to the system configuration. According to the Constitution and the Procuratorate Act, the prosecution of four levels from top to bottom. Supreme People's Procuratorate and the local provincial, municipal,[link widoczny dla zalogowanych], and county Procuratorate People's Procuratorate and the exercise of prosecutorial power specifically different. 2, prosecutorial powers between the internal organs of the configuration. Currently, prosecutors at all levels set up within the main institutions and their functions are: (1) investigation and supervision department. The exercise of criminal suspects in criminal cases and decisions of the approval of the arrest powers of arrest; to the public security organs and the oversight of surveillance activities; (2) Department of Public Prosecutions. The exercise of the right of the main prosecution, the right to protest and criminal activities, supervision of the trial; (3) department of corruption and bribery, the main exercise of the right of investigation of corruption and bribery; (4) The prosecution malfeasance, the main exercise of state organs the right of criminal malfeasance investigation; (5) supervision of the prosecution, the main exercise of prisons, detention centers, detention oversight of law enforcement activities; (6) complaints and appeals, the prosecution service, the main exercise of the complaint or complaints received and criminal cases review rights; (7) prosecution of civil administration, the main exercise of people's courts in civil and administrative oversight of trials; ( legal policy research department, mainly for the exercise of prosecutorial power of the legal issues in research and provide advice and Prosecutorial Council offices bear the responsibility; (9) Crimes Prevention Unit, Crime Prevention is responsible for promotion of legal work, analysis of the country features the work of crime prevention duties, laws, make corruption, bribery, dereliction of duty crime prevention measures and so on. In addition,[link widoczny dla zalogowanych], procuratorates at all levels also has a political work, discipline inspection and supervision, office and administrative equipment, and other specially party, administrative services department. 3, the power of prosecutors configuration. Prosecutors of the power distribution, mainly reflected in the number of relations: (1) The relationship between the Attorney and Prosecutorial Council. Procuratorate Act,[link widoczny dla zalogowanych], the Attorney General's Procuratorate unified leadership, democratic centralism Attorney Committee, under the auspices of the Attorney-General discussion of major cases and major problems. Among them, the Attorney General does not agree on major issues in the majority opinion, the decision can be submitted to the Standing Committee of the level. Meaning can be seen from the legislation, although the Review Committee that the prosecution authority, but as the legal representative of the prosecution, the prosecution attorney in the same power structure plays a dominant role. (2) the relationship between prosecutors and department heads. Procuratorate determined the prosecution of the upper and lower levels of the leadership relationship, although the Prosecutor Prosecutor Act is divided into four other twelve, but did not on the high-level prosecutors can lead prosecutor in the prosecution of low-level operations provided for. In the relationship between prosecutors and department heads, and continue to use the mechanism has a very typical features of the executive branch. The powers of the Prosecutor or the Review Committee from the Attorney General authorization and delegation. Prosecutor's Procuratorate department heads review the terms of reference have the right to exercise the right of the general instructions and of course with daily administrative management. Prosecutors urged the leadership in the department, completed under the guidance and inspection duties and tasks, the Prosecutor's independence I do not have the performance of their duties. (3) the prosecutor and the prosecutors the relationship between the administrative staff. In addition to operations other than prosecution,[link widoczny dla zalogowanych], the prosecution must also configure the operation of the Government Offices, administrative equipment, Political Department, discipline inspection, police and other comprehensive department responsible for the management of prosecutors, training, security, involving members of the staff, including political work, discipline staff , secretaries, archivists, confidentiality, technical staff and bailiffs, drivers and so on. These operations personnel to carry out the prosecution provides the necessary strong support. Over the years, the prosecution of the integrated sector and business sector who did not carry out the role of sub-sector, the Prosecutor solely on logistics, the political work is widespread, and integrated logistics personnel as vital forces involved in business and in handling cases prosecutors are also common.
A long time, theory and judicial practice on the positioning of prosecutorial power has been debated, it is difficult to form a unified understanding. Correspondingly, is the lack of prosecutorial power configuration on the overall framework of coordination in the allocation between the various prosecutorial power to the specific prosecutorial functions and status of legal supervision of the prosecution, between a lack of necessary correlation.
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Second, the prosecutorial power the internal configuration structure
Third, the problems of prosecutorial power configuration
(A), the connotation of prosecutorial power content of prosecutorial power that the power properties of prosecutorial power. In recent years, theorists debate on the positioning of prosecutorial power can be described as intense. Are: the executive power, said that prosecutors represent the state prosecution of criminal activities in the litigation, have initiative and enthusiasm of professional qualities, negative and neutral judicial power is very different, so prosecutorial power is the executive power. Dual attributes of administrative and judicial, said that the prosecutorial power, while having the properties of the executive power, but the nature of prosecutors and judges in the litigation has \guarantee the independence of affairs, so that is judicial power, judicial power with executive and dual properties. Judicial power, said that the prosecution in criminal proceedings, the exercise of investigation, prosecution and other powers, the proceedings must be conducted in accordance with uniform, is litigation an important part of the exercise of judicial power. Legal supervision, said that the law of the supervisory power and prosecutorial power is the same semantics, the prosecution's right to legal supervision by the power derived out of the \I believe that, under our Constitution, the prosecution is the state organs for legal supervision, prosecutorial power is a \ (B), the extension of prosecutorial power extension of prosecutorial power as the country that the prosecution's terms of reference of legal supervision. In prosecutorial power can in order to supervise the core, power to detect crime by the job, approved and decided to arrest, public prosecution,[link widoczny dla zalogowanych], litigation supervision pose power system, China's prosecutorial power to include: 1, detection power. First, the right of criminal investigation duties. The right to investigation and prosecution of corruption of national staff misconduct, so as to achieve national staff Attorney to protect public officials honest and diligent, the purpose of administration according to law. Second, the right of ordinary criminal investigation. Mainly refers to the police and other criminal investigation agencies investigating cases of inadequate supplementary investigation, prosecution of the case to meet the evidence requirements. 2, the public prosecution authority and the right to participate in the proceedings. This is the core of prosecutorial power. Public Prosecution refers to the prosecution on behalf of the state acts against the law and file a complaint to the court during the trial to support its claim of power. Participation is a right of action on behalf of countries to participate in the prosecution of other citizens, legal persons, social organizations, civil and administrative proceedings brought against the authority. 3, according to the law of judicial review over the exercise of arrest. 4, litigation supervision. The interests of justice prosecution legal supervision is an important mission. Litigation Authority, including criminal, civil, and administrative supervision of the three lawsuits. Attorney the direction of reform should be to strengthen legal supervision, rather than undermine or even abolish the prosecution's legal supervision status; prosecutors to exercise legal supervision duties, according to the prosecutorial power to the legal supervision of the extension of prosecutorial power under the new situation function to play not only can not be neglected, and should continue to strengthen and improve.

(A), the power split too small, resulting in weakening the overall power of legal supervision. Legal supervision of the prosecution authority covering the investigation, prosecution, and participation in the proceedings, arrest, four levels of supervision proceedings, the prosecution of the internal functions of legal supervision should be based primarily on the task of configuration, not split too small. Leadership system from the prosecution point of view, first, the integration of the system due to lack of support in the legislative investigation concluded handling tasks to be graded index statistics, the results were all alone as the evaluation of the principal's Procuratorate, the higher the lower the prosecution of the prosecution leaders pay more attention to the supervision and guidance, such as the detection of crime, according to the territoriality principle fundamental to the prosecution by the incident independently, the higher the involvement of prosecutors and command is very limited. Second, the internal terms of decomposition too small, easily lead to duplication of functions and conflict, resulting in passing the work, resulting in the prosecution of legal oversight function to perform the necessary force and looking into the power of Knowledge, the overall weak. Such as the Public Prosecution Department and the separation of investigation and supervision department of the review of cases led to criminal prosecution of the suspected existence of duplication of effort, and possible arrest and prosecution authorities to determine on a case of contradiction between departments, after catching the complaint does not go out in the investigation and supervision is also easily lead to supervision out of line; anti-corruption and malfeasance and examination department of the separation caused by detection of scattered resources, reduce the effectiveness of investigation, and the corruption and bribery, and dereliction of duty are job-related crimes, the two are often intertwined and difficult boundary points, the two departments separately Own Prison, home of the sweeps the traditional method of investigation of snow investigation of crimes committed against the law; civil administration in the implementation of prosecution proceedings in civil and administrative supervision, the investigation is not configured right, civil and administrative cases can not be capricious and arbitrary action in negligence and other job-related crimes and to detect and the investigation, supervision of such an action would obviously be discounted. Prosecution prison sentence of oversight and supervision of guarding the prison places there are also suspected of ineffective supervision. (B), highlights the power of the administrative in nature, resulting in the shrinking ability of prosecutors perform their duties. Positioning of Detection Power Administration has a strong color, largely ruling out the prosecutorial power of judicial self-attributes, but also shackles the ability of prosecutors perform their duties. This reflects the internal system of the prosecution shall be: (1) lack of independence of the Prosecutor. Property requirements of the judicial prosecution activities, protection of the Prosecutor's independence. In China, \Power level from the Procuratorate, the Attorney General is the Attorney centralized authority and representative of the performance of their duties other acts prosecutors from its mandate, does not have the independence of the exercise of prosecutorial power. In addition, prosecutors have to accept the charge of Deputy Attorney General, Division Director of the direct leadership, they can reject the Prosecutor's case-handling advice, you can also discuss ways through collective decision Prosecution Service, and reported to Attorney General for approval. In such a system in which only the Chief Prosecutor at the bottom of the vertical line a point, they undertake prosecution services must be submitted to the collective discussion and decision, approved by the Attorney General, and the higher the implementation of the decision of the Prosecutor must. Prosecutorial power is the judicial power. The core of judicial power is the judiciary's independence and independence of judges in the performance of their duties. This goes against the nature of prosecutorial power management business itself with the prosecution's request, in this case, the prosecutor is difficult to take the initiative, Zhang Xian handling personality, positive work. (2) prosecutorial functions and administrative functions of the mix. Currently in use in China is mainly prosecution vertical top-down executive leadership style rank method, the functions and administrative functions of the prosecutors and the executive-led mixed. (3) the Attorney Review Committee will not ring true relationship between the configuration of power. Legal authority from the People's Procuratorate, the internal construction of this view, Review Committee is the legal authority, the Attorney General is the legal representative, but in two specific running, but given the current legislation on the Attorney Review Committee the right of the powerful constraints that drew Personnel Management, of course, presided over the meeting and the last row of the right to consult the public right. This created a certain extent, the Attorney Review Committee led and above the top of the actual damaged the Review Committee of the legal principle of democratic centralism, the real implementation, but also members of the Committee to Attorney Review Committee to discuss matters of responsibility enthusiasm for the system are difficult to avoid inhibition. More articles related to topics：


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