Journal of Procuratorial Studies. Volume 10

Author: Sun Qian, Editor-in-Chief
Publisher:
Publishing Date: 2005-06-01
Features: "Record of the Expert Symposium on Procuratorial Reform and Amendment of the Organic Law of the People's Procuratorate"
On August 12-13, 2008, the Supreme People's Procuratorate hosted the "Expert Symposium on Procuratorial Reform and Amendment of the Organic Law of the People's Procuratorate" in Wuyishan City, Fujian Province. This article comprehensively and objectively presents the insights of over 50 legal experts and scholars attending the symposium on issues such as procuratorial reform and the amendment of the Organic Law of the People's Procuratorate. It also discloses the amendments and progress of the Organic Law of the People's Procuratorate.
Procuratorial Power in the Constitutional Perspective
Liang Yuxia
The examination of procuratorial power must rely on two platforms: legitimacy and rationality. As a state power, the attributes, functions, and operational mechanisms of procuratorial power must legally originate from the constitutional system of the state to which it belongs, which is the source of its legitimacy. Additionally, procuratorial power must always align with and serve the existing constitutional system, which is the direct manifestation of its legitimacy. Substantive rationality is the second key focus in the study of procuratorial power. For any public power, having a constitutional basis does not equate to rationality. If a state power lacks rationality in its existence, it should be abolished or reformed, even the constitutional system that gives rise to it.
The "Five Key Relationships" to Address in China's Procuratorial Reform
Gao Yifei
In China's procuratorial reform, it is essential to properly handle the "Five Key Relationships": the relationship between the procuratorial system and the constitutional system, the relationship between hidden procedures and legal rules, the relationship between combating crime and upholding justice, the relationship between procuratorial integration and the independent role of procurators, and the relationship between procuratorial organs and investigative organs.
The Institutional Design of Procuratorial Criminal Power
Research Group of Beilun District Procuratorate, Ningbo City, Zhejiang Province.
The right to prosecute is an indispensable component of public prosecution. It is undeniable that procuratorial organs possess the right to prosecute, but the challenge lies in theoretically elaborating on it and designing a reasonable institutional framework in practice to ensure the correct exercise of this power and its intended role.
Comparative Study of Procuratorial Systems in China and the UK
Tang Weiyuan
Through a comparative analysis of the procuratorial systems in China and the UK, as well as an examination of the causes of their differences, the following insights can be drawn: First, procuratorial reform must be firmly rooted in the national conditions of the country. Second, the independence of procuratorial organs should be further strengthened. Third, the scope of legal supervision by procuratorial organs should be expanded. Fourth, China's procuratorial system should be improved.
With the Passage of Time, Unknowingly Procuratorial Forum Has Been Through Five Years and Published Ten Volumes
Over the past five years, Procuratorial Forum has quietly grown and reached its tenth volume. Five years or ten volumes—according to tradition, it is indeed time for reflection and commemoration. History is a mirror; it records the past, illuminates the present, and foresees the future. In the five years of Procuratorial Forum's development, both gains and losses have intertwined. The gains lie in our witnessing its germination and growth, contributing to the prosperity of the procuratorial cause. The losses, however, are that we should strive to make it even better and enhance the flourishing of procuratorial theory.
Of course, among the more than 300 articles compiled in the ten volumes over five years, we have been impressed by the authors' extensive research, resonated with the contributors' foresight, and moved by the authors' boundless love for the procuratorial cause and the rule of law. Therefore, we can confidently say that in the growth of Procuratorial Forum, all thoughts, hopes, and aspirations have been silently cultivated, shared, and nurtured with joy.
Truly, the growth of Procuratorial Forum is closely intertwined with the development of China's procuratorial cause, especially with the reform and improvement of the socialist procuratorial system with Chinese characteristics. Half a century of judicial practice in New China has shown that the current procuratorial system was established and developed by drawing on the essence of institutional civilization in Chinese history, inheriting the fine traditions of procuratorial work during the New Democratic Revolution, learning from the procuratorial system of the former Soviet Union and other countries, particularly those of the civil law system, and adapting to the needs of China's contemporary national conditions and political system according to Lenin's theory of legal supervision. It shares commonalities with procuratorial systems in other countries and regions but also has distinctive characteristics as China's national legal supervisory organ.
Therefore, from the perspective of building a socialist rule-of-law state, the current procuratorial system represents a historic choice made by New China in the process of governing and building the rule of law. It has a scientific theoretical foundation, a solid political foundation, and a profound practical foundation. It embodies many effective experiences and practices formed in China's judicial work, aligning with the national conditions of contemporary China and possessing its own advantages and strong vitality.
The law must be applied justly, and justice itself requires effective supervision to reinforce it. Therefore, as the national legal supervisory organ, the People's Procuratorate is an indispensable force in building a harmonious socialist society. The socialist procuratorial system with Chinese characteristics should also serve as an important institutional support for building a harmonious socialist society. The procuratorial cause has great potential!
Of course, we cannot deny that there are still various problems in the development of the procuratorial cause. For example, the full and effective exercise of legal supervision capabilities is insufficient; the achievements in addressing issues such as the failure to enforce the law, lax law enforcement, lack of accountability for violations, judicial injustice, and judicial corruption fall far short of the expectations of the Party and the people; and in the process of legal research and judicial reform, procuratorial theory and the procuratorial system still face a tendency to be "marginalized."
The reason for this, which is easy to say but difficult to do, lies in the lack of dialectical, rational exploration, tracing, questioning, nurturing, integrating, consolidating, and guiding—the theoretical foundation of the local, inheritable, legitimate, and rational nature of China's procuratorial system—"Where do I come from, and where am I going?" "Is the procuratorial system dispensable in the process of governing the country according to the law?" These are precisely the questions that those dedicated to the rule of law must pursue throughout their lives.
The mission of media like Procuratorial Forum, which carry the fruits of procuratorial theory and practice, is self-evident. Of course, in the process of showcasing the achievements of the procuratorial cause through Procuratorial Forum, the correctness of certain viewpoints or proposals is not because those who hold them are "sages" or possess any mysterious intentions, but because their views or proposals have been proven appropriate in our practice or align with legal principles, logic, and national conditions. As Chairman Mao Zedong once said: "If you are right, we will correct it; if your methods benefit the people, we will follow them!"
Therefore, over the past five years, although Procuratorial Forum has undergone some changes, its purpose has remained constant: closely monitoring major issues in procuratorial practice, enhancing rational awareness in procuratorial activities, and elevating the theoretical standards of procuratorial studies; consistently opposing "leftism" and "rightism," combating both empiricism and dogmatism; consistently adhering to a high-end, innovative research strategy, showcasing the fruits of procuratorial theoretical research while reflecting the essence of insights from procuratorial practice; and always selecting articles based on quality, supporting new talents, and striving to be a true "friend of the prosecutor."
Currently, how to improve the legal supervision capabilities and standards needed to build a harmonious socialist society is a major challenge for procuratorial organs at all levels and an urgent issue that must be resolved in the development of procuratorial work in the new era. To this end, this volume compiles 18 articles, including "Record of the Expert Symposium on Procuratorial Reform and Amendment of the Organic Law of the People's Procuratorate," "Procuratorial Power in the Constitutional Perspective," "The 'Five Key Relationships' to Address in China's Procuratorial Reform," "Discussion on Reform of Internal Control Mechanisms in Procuratorial Organs," "On the Modern Enforcement Concept of Procuratorial Personnel," "Investigative Supervision and Human Rights Protection," "The Institutional Design of Procuratorial Criminal Power," "The Theory and Practice of Procuratorial Organs Participating in Civil Public Interest Litigation," "Plea Bargaining and the Procurator's Discretionary Power," and "Comparative Study of Procuratorial Systems in China and the UK," to share with our readers.
Finally, it should be noted that the development of Procuratorial Forum is inseparable from the strong support of Legal Publishing House and its peers. We sincerely express our gratitude. Procuratorial Forum is ours, and it is also for all those who are passionate about the development of the procuratorial cause. Let us work together to nurture it better and stronger!