论检察职能的优化配置-经济法学专业论文.docxVIP

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract Optimal allocation of procuratorial functions is the core of the procuratorial reform and it’s also the major content to perfect the procuratorial system of socialism with Chinese characteristics. For a long time , there is much difference in defining characteristics of procuratorial power between theory and practice. Most people adopt an approach to interpreting the nature of procuratorial power and analyze the character of procuratorial organ. Some scholars stand up for western legal mode and deduce the pattern of allocation of procuratorial power based on lawsuit system and lawsuit constitution.They think the procuratorial organ should return to public prosecution organ and they even put forward the view of abolishing the procuratorial organ. In the meantime , some scholars of the procuratorial organ preserve completeness and unity of procuratorial power ,emphasize absolute unity of procuratorial functions and weaken contrariety of inner contradiction. They think procuratorial functions should be expanded to ordinary supervision according to the literal meaning of legal supervision. As a result , the differences between the views lead to vagueness of procuratorial functions in theory , which directly makes it hard to bring the functions of legal supervision into effect and define the procuratorial organ by the constitution. Procuratorates of Hubei 、Beijing and so on have carried out a series of creative research based on existing legal framework promoted by the mainstream of the jurists ,which can be made use of to perfect the procuratorial system. According to constitutional system , I analyze the intension and function of procuratorial power and compare the different ways of allocation of procuratorial functions in different legal patterns. In this paper, I describe the law of contradiction movement of allocation of procuratorial functions and make a technical research into functional str