Ⅰ.The Property of the Procuratorial Supervision over the Criminal Trial ProcedureThe procuratorial authorities in China is a necessary part of performing the constitutionalism institution in process of constructing s...Ⅰ.The Property of the Procuratorial Supervision over the Criminal Trial ProcedureThe procuratorial authorities in China is a necessary part of performing the constitutionalism institution in process of constructing socialism of China,and the foundational system of building the rule of law of socialism.The basic theory,with respect to constitutionalism model,is statutory provisions to not only safeguard the individual freedom and rights and to reguard every person to strictly observe the law,but curve the state authorities' conducts by power within the line of law as well.However,the constitutionalism model has not been the only one.In theory,the relation between the judicial power to try cases and the procuratorial authorities is dependent on the prosperity of procuratorial authorities and the function the procuratarotate should possess in constructing the order of the rule of law. The procuratorial authorities in China exercise twofold power,i.e.to initiate public prosecution and to supervise the lawful effectiveness in operation.According to the Article 129 of the Constitutional Law of PRC,the People's Procuratorates are authorities to exercise independently and absolutely supervisional conducts in order to check and balance the power of state,containing judicial power.The judicial power in Western countries has been checked and balanced by legislative power and administrative power.At the same time,it is effectively supervised by the institution of democratic election for judges and social organizational powers with the doctrinal comment produced by independent agencies of social organization,informaton media,academic body,etc..The procuratorial supervision over the criminal trial procedure in China is,in nature,to execute checking power within the scope of the constitutionalism throug supervising over the judicial power.In criminal procedural processing,procuratorial authorities supervising the legitimacy of the judicature power is beneficial to the self-revised and systemized introspection of judicial power.展开更多
文摘Ⅰ.The Property of the Procuratorial Supervision over the Criminal Trial ProcedureThe procuratorial authorities in China is a necessary part of performing the constitutionalism institution in process of constructing socialism of China,and the foundational system of building the rule of law of socialism.The basic theory,with respect to constitutionalism model,is statutory provisions to not only safeguard the individual freedom and rights and to reguard every person to strictly observe the law,but curve the state authorities' conducts by power within the line of law as well.However,the constitutionalism model has not been the only one.In theory,the relation between the judicial power to try cases and the procuratorial authorities is dependent on the prosperity of procuratorial authorities and the function the procuratarotate should possess in constructing the order of the rule of law. The procuratorial authorities in China exercise twofold power,i.e.to initiate public prosecution and to supervise the lawful effectiveness in operation.According to the Article 129 of the Constitutional Law of PRC,the People's Procuratorates are authorities to exercise independently and absolutely supervisional conducts in order to check and balance the power of state,containing judicial power.The judicial power in Western countries has been checked and balanced by legislative power and administrative power.At the same time,it is effectively supervised by the institution of democratic election for judges and social organizational powers with the doctrinal comment produced by independent agencies of social organization,informaton media,academic body,etc..The procuratorial supervision over the criminal trial procedure in China is,in nature,to execute checking power within the scope of the constitutionalism throug supervising over the judicial power.In criminal procedural processing,procuratorial authorities supervising the legitimacy of the judicature power is beneficial to the self-revised and systemized introspection of judicial power.
