Social Sciences in China (Chinese Edition)

No.8, 2020

 

The New Development of Procuratorial Power in China

(Abstract)

 

Zhou Xin

 

In order to further promote the reform of the procuratorial system and mechanism, it is necessary to first clarify the nature and developmental laws of procuratorial power. China’s procuratorial power, by its nature, originates from the Marxist theory of state. Under the joint influence of historical logic, the political system and actual national conditions, it demonstrates both universality and Chinese characteristics. On the basis of constitutional norms, we can discover the general laws of the evolution of procuratorial power in China; that is, on the premise of maintaining its basic attribute of power of legal supervision, procuratorial power constantly readjusts its extension and operational mode in line with the changing times, to realize the synchronous development of procuratorial power and national governance. In recent years, the development of China’s procuratorial power has shown new features in actively responding to the requirements of the times. This is the joint outcome of changes in the main social contradictions, the adjustment of the state power structure, the reform of the judicial system and judicial mechanisms, etc. In order to construct a socialist procuratorial system with Chinese characteristics, we should adhere to the nature of procuratorial power as legal supervision and respect the general laws of its development. In accordance with social requirements and judicial practice, we should further expand the extension of procuratorial power, innovate and enrich its operational mechanisms, and timely and dynamically adjust it.