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.By its nature,China's procuratorial power ...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.By its nature,China's procuratorial power 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 as legal supervisory power,its extension and operational mode are constantly readjusted in line with the changing times to realize the synchronous development of procuratorial power and national governance.In recent years,the development of Chinese procuratorial power has shown new features in actively responding to the needs 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 mechanisms,etc.In constructing a socialist procuratorial system with Chinese characteristics,we should adhere to the nature of procuratorial power as legal oversight,and respect the general laws of its development.In accordance with social demands and judicial practice,we should further expand the extension of procuratorial power,innovate and enrich its operational mechanisms and realize its dynamic adjustment in tune with the times.展开更多
The smooth development of procuratorial public interest litigation relates to the timing of the procuratorial power,the interaction between the procuratorial power and administrative power,and the procuratorial power ...The smooth development of procuratorial public interest litigation relates to the timing of the procuratorial power,the interaction between the procuratorial power and administrative power,and the procuratorial power and private rights.Regarding the filing of public interest litigation,the people's procuratorates shall not exercise power crossing the line,taking the principle of restraint as the fundamental requirement and goal,and fully coordinating with the nongovernmental actors and helping them develop.Regarding the relationship between the procuratorial power and administrative power,the essential differences between them should be clarified,and the extent and boundaries should be reasonably defined to avoid confusion and a mixture of powers.Regarding the relationship between the procuratorial power and civil rights,we should adhere to the idea of exercising public power to protect civil rights,pay attention to the balance between public interests and private interests,and avoid the excessive pursuit of public interests at the price of ignoring the protection of private interests.展开更多
文摘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.By its nature,China's procuratorial power 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 as legal supervisory power,its extension and operational mode are constantly readjusted in line with the changing times to realize the synchronous development of procuratorial power and national governance.In recent years,the development of Chinese procuratorial power has shown new features in actively responding to the needs 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 mechanisms,etc.In constructing a socialist procuratorial system with Chinese characteristics,we should adhere to the nature of procuratorial power as legal oversight,and respect the general laws of its development.In accordance with social demands and judicial practice,we should further expand the extension of procuratorial power,innovate and enrich its operational mechanisms and realize its dynamic adjustment in tune with the times.
基金This article is an achievement of the Major Program entitled Research on Theoretical Innovation and Implementation Mechanism of Modernization of Chinese Public Interest Litigation Funded by the National Social Science Fund of China(No.23&ZD164).
文摘The smooth development of procuratorial public interest litigation relates to the timing of the procuratorial power,the interaction between the procuratorial power and administrative power,and the procuratorial power and private rights.Regarding the filing of public interest litigation,the people's procuratorates shall not exercise power crossing the line,taking the principle of restraint as the fundamental requirement and goal,and fully coordinating with the nongovernmental actors and helping them develop.Regarding the relationship between the procuratorial power and administrative power,the essential differences between them should be clarified,and the extent and boundaries should be reasonably defined to avoid confusion and a mixture of powers.Regarding the relationship between the procuratorial power and civil rights,we should adhere to the idea of exercising public power to protect civil rights,pay attention to the balance between public interests and private interests,and avoid the excessive pursuit of public interests at the price of ignoring the protection of private interests.
