Social Sciences in China, 2022

Vol. 43, No. 3, 2022

The New Development of Procuratorial Power in China

Zhou Xin

Abstract：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.

Keywords: procuratorial power, legal oversight, procuratorial reform, laws of procuratorial work