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The purpose of the prosecutor is to prevent the judicial police from abusing power on the one hand and to supervise the judge's proper exercise of judicial power to ensure the correctness of the final judgment. The prosecutor is the key to opening the door to trial. His decision to prosecute or not to prosecute a crime is no less important than that of a judge. Therefore, the independence of prosecutors and the proper exercise of judicial power are of great importance. In other words, there is no significance for independent prosecutors and judges to judge independently, which has aroused interest in researching and discussing whether prosecutors in China can independently exercise their powers. This article will take the current legal system of our country as the basis, and take practical cases such as the leaking case of the head of state, bribery cases of parliamentarians, bribery elections of local public officials and other practical cases: I. How to define the attributes of the prosecutor in terms of law? How does its attribute affect the exercise of the powers of the prosecutor? Is it possible to clearly define the attributes of prosecutor status in terms of regulations? 2. What are the current laws governing the protection of the status and duties of prosecutors, and are they sufficient to guarantee the independent exercise of the powers of prosecutors? If not, are there any remedial measures? 3. Is the personnel system of the prosecutor reasonable and sound? An imperfect personnel system affects the exercise of the powers of the prosecutor. How's it going? If there is any deficiency, can you make up for it? 4. Is there any room for prosecutors to commit a criminal act that violates independence? Causes high prosecution rates and low conviction rates. What are the reasons why prosecutors have done so much and have been questioned so much? Some of this may be related to the performance system, which would violate his own independence. Is it related to the performance system? . 5. Does the internal and external supervision of the exercise of the procuratorial power conform to the democratic principle of mutual checks and balances? If there is any discrepancy, can a feasible system of checks and balances be developed? This study uses the historical research method, literature analysis method, and comparative analysis method to explore the history of the development of the prosecutor system in advanced countries, the theoretical types of prosecutor positioning, and the comparison of the exercise of the powers of prosecutors in order to understand the development, positioning, and Connotation of exercise of powers. Furthermore, it analyzes the current legal and practical aspects of the independent exercise of the powers of the prosecutor in China, and discusses the difficulties and probabilities encountered by the prosecutors in exercising their powers with actual cases such as leaking secret cases by heads of state, bribery cases by members of Congress, and bribery elections for local public officials Dilemma. The research in this paper found that the factors restricting and compressing the independent exercise of procuratorial powers are from the following: First, the abuse of prosecutorial integration. Second, improper administrative control. Third, deliberate involvement of political power. Fourth, arbitrary speculation and reporting by the media. Fifth, the supervision right has stepped in. Sixth, the unique personality of the prosecutor.
Based on the above research findings, the research recommendations in this article are as follows: First, look squarely at the procuratorial integration. Second, the business management of the exercise of the power of the rigorous prosecutor. Third, moderately restrict political intervention. Fourth, implement the system of organs' news statements and restrict the media's arbitrary or speculative reporting of criminal cases. Fifth, establish the division of supervision power and procuratorial power. Sixth, strengthen the education of prosecutors to avoid potential personal paranoia. Seventh, the procuratorial power is included in the constitution. Eighth, the prosecutor changed the budget of the supervisory court and the procuratorate to be independent. Ninth, the independence of the procuratorial power replaced the independence of the prosecutor.
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