Journal of Procuratorial Studies. Volume 8

Author: Sun Qian
Publisher:
Publish Date: 2004-02-01
Features: On Procuratorial System Reform: From the perspective of adhering to the nature and status of the procuratorial organ as the state's legal supervisory organ established by the Constitution, it responds to the views denying the legal supervisory role of the procuratorial organ in the reform of the procuratorial system and proposes numerous institutional reforms and system improvements to strengthen the legal supervisory role of the procuratorial organ. Procuratorial Concepts, Systems, and Reform: From the perspective of the genesis of the system, it systematically combs through the theoretical foundations and concepts of the modern procuratorial system by returning to the "origin." Based on an analysis of the practical models of the procuratorial system under different constitutional systems, it explores the historical rationality and inevitability of the choice and construction of China's modern procuratorial system. Against the backdrop of economic, social structural, and cultural changes where rule of law has become an ideal goal of society, the focus of procuratorial reform is for the procuratorial organ to first achieve a value and functional transformation from a tool of dictatorship to concepts of order, justice, and human rights protection. The path of reform is to integrate procuratorial reform into the unified planning of judicial reform and advance it top-down. By scientifically and reasonably allocating procuratorial power and reforming the modern judicial officer system, procuratorial reform can be substantially advanced. Reflections and Reorganization of China's Procuratorial Reform: It rationally reflects on ten aspects of the current procuratorial reform and proposes that China's procuratorial reform should take the path of overall advancement, gradual progress, legal reform, and public participation. How to Establish and Improve the Procuratorial Funding Guarantee Mechanism: The Research Group of Feidong County Procuratorial Office, Anhui Province: A scientifically and reasonably structured funding guarantee system is the foundation for the fair enforcement of justice by the procuratorial organ. The current system of local government funding, dominated by administrative divisions, creates significant conflicts between the supply and demand of funds for the procuratorial organ and is one of the main institutional obstacles to the emergence of localism in justice and judicial corruption. Three Dialectics of Legal Supervision: Through semantic analysis of the term "legal supervision," it proposes that "legal supervision" as a specialized term has specific meanings and characteristics. From the perspective of legal supervision, it argues for the legal supervisory powers and functions of the procuratorial organ. This is extremely important for clarifying the debate over the nature of the legal supervisory role of the procuratorial organ.
On Procuratorial System Reform: From the perspective of adhering to the nature and status of the procuratorial organ as the state's legal supervisory organ established by the Constitution, it responds to the views denying the legal supervisory role of the procuratorial organ in the reform of the procuratorial system and proposes numerous institutional reforms and system improvements to strengthen the legal supervisory role of the procuratorial organ. Procuratorial Concepts, Systems, and Reform: From the perspective of the genesis of the system, it systematically combs through the theoretical foundations and concepts of the modern procuratorial system by returning to the "origin." Based on an analysis of the practical models of the procuratorial system under different constitutional systems, it explores the historical rationality and inevitability of the choice and construction of China's modern procuratorial system. Against the backdrop of economic, social structural, and cultural changes where rule of law has become an ideal goal of society, the focus of procuratorial reform is for the procuratorial organ to first achieve a value and functional transformation from a tool of dictatorship to concepts of order, justice, and human rights protection. The path of reform is to integrate procuratorial reform into the unified planning of judicial reform and advance it top-down. By scientifically and reasonably allocating procuratorial power and reforming the modern judicial officer system, procuratorial reform can be substantially advanced. Reflections and Reorganization of China's Procuratorial Reform: It rationally reflects on ten aspects of the current procuratorial reform and proposes that China's procuratorial reform should take the path of overall advancement, gradual progress, legal reform, and public participation. How to Establish and Improve the Procuratorial Funding Guarantee Mechanism: The Research Group of Feidong County Procuratorial Office, Anhui Province: A scientifically and reasonably structured funding guarantee system is the foundation for the fair enforcement of justice by the procuratorial organ. The current system of local government funding, dominated by administrative divisions, creates significant conflicts between the supply and demand of funds for the procuratorial organ and is one of the main institutional obstacles to the emergence of localism in justice and judicial corruption. Three Dialectics of Legal Supervision: Through semantic analysis of the term "legal supervision," it proposes that "legal supervision" as a specialized term has specific meanings and characteristics. From the perspective of legal supervision, it argues for the legal supervisory powers and functions of the procuratorial organ. This is extremely important for clarifying the debate over the nature of the legal supervisory role of the procuratorial organ.