The Functions and Powers of the Procuratorial Organs in China

Abstract

AbstractThe functions and powers of the procuratorial organs refer to the powers which the procuratorial organs can exercise in practice, whose disposition is the core content of the procuratorial system in a country. In most Western coutries, the prosecutorial power belongs to the administrative power under the system of separation of powers. However, in China, due to the characteristics of the socialist procuratorial system and the traditional culture, the procuratorial organs are regarded as a judicial one and the procuratorial power is a general term for various powers given to the procuratorial organs by Chinese Constitution and laws. At present, the procuratorial power in China is very extensive, which includes the powers of procedural supervision, public prosecution, approving or deciding arrest, the public interest litigation, investigaion of some duty crimes and other powers endowed by the related laws, among which, the power of approving the arrest and the power of initiating the public interest litigation are special ones enjoyed by the procuratorial organs in China. This chapter discusses them one by one in detail, such as the definition, operation, existing problems and feasible suggestions. I have to say, in the era of big data, how to give full play to these functions and powers to acheive the national security, the people’s peace and the social stability which is really a major challenge faced by the procuratorial organs at all levles in China.