论监察体制改革背景下检察院的职权塑造

Abstract

On March 20, 2018, the thirteenth session of the first meeting of the National People's Congress, the state and inspect the ratification, under the background of and inspect the implementation, counter rotating transferred after it is necessary that the people's procuratorate to the functions, because in terms of state supervision system reform, and the relevant state organs affected by its biggest is the people's procuratorate, the state supervision system reform of the spillover effect is bound to exert a profound impact, with the authority of procuratorate will affect the people's procuratorate function localization. It is particularly necessary to reconstruct the procuratorial functions and powers under the background of the reform of the supervisory system. Before the reform of the supervisory system, the functions and powers of the Chinese procuratorial organs were combined with the attributes of administrative power and judicial power. At present, the supervisory committee has gradually formed a multi-dimensional power exercising system centering on the power of investigation, while the procuratorate has formed its own power operation mechanism centering on the power of collection and prosecution. And practice condition, the positioning of the combination of procuratorate constitution's procuratorate function restore to adhere to the principle of old and new, continuance and melt penetration self-contained, renovation and new functions re-engineering existing functions can be taken to the way of combining the concrete is comparative legal supervision in practice, set up the prosecution of procuratorial supervision and enforcement power, strengthen the procuratorate has both functions of the party's leadership, improves the party status of the procuratorate, explicitly give procuratorate indictment on its own.