analysis of the prosecutorial power of constitutional government（分析宪政的检察权）.doc

Analysis of the prosecutorial power of Constitutional Government Abstract prosecutorial power is a state power, we must study the nature of prosecutorial power to the constitutional system is based on the constitutional perspective, based on the clear separation of powers, the political mode of prosecutorial power attributes analyzed the nature of prosecutorial power draw of prosecutorial power is an independent power of both jurisdictions properties and legal supervision over the property, and pointed out the problems in China’s procuratorial system, and finally to propose specific reforms envisaged. The Paper Keywords constitutional prosecutorial power legal supervision over the Constitutional core of the power to restrict the power, principally through the implementation of mutual restraint by the separation of powers. Constitutional level of state power mode of operation is based on the supervision and control as the core to build and expand. Constitutional system, prosecutorial power as a the item state power should become a way to restrict the power of the power from a modern perspective of the rule of law, constitutional system is based on the prosecutorial power is positioned as legal supervision over the reasonable and necessary. Constitutional vision of prosecutorial power attribute positioning The so-called constitutional, refers to the state in accordance with the Constitution embodies the spirit of democracy and the rule of law activities, the core of the constitutional system, to fully maintain and protect the rights and freedoms of citizens for the purpose of scientific and standardized operation of state power as a political form of protection or political process. Restraining powers with powers, its primary means of separation implemented through the power of mutual restraint, and prosecutorial power is a way to restrict the power of power. In the mode of separation of powers, prosecutorial power can only be attached to a power