At the beginning of the establishment of the procuratorial system, its basic content was to prosecute criminal cases. In the history of national development, there have been three forms of criminal prosecution, namely, private prosecution, public prosecution and state prosecution. In primitive society, private revenge prevailed. In the early days of the emergence of the state and the law, this primitive custom has been preserved and gradually evolved into private prosecution, that is, only the victims who have been infringed by criminal acts can bring a lawsuit to the state. With the development of social and economic struggle. The ruling class thinks that some crimes are the destruction of the whole ruling order, so they gradually strengthen the state punishment, so public prosecution came into being. The so-called public prosecution means that anyone who has the ability to act can sue, regardless of whether the crime has an interest or not. However, public prosecution also has disadvantages, that is, it is easy to cause indiscriminate prosecution or no prosecution. In this way, after the Middle Ages, the rulers implemented the state procuratorial system, that is, the rulers confirmed which acts were crimes and which cases could go to court in the name of the state, thus effectively maintaining the ruling order. This national procuratorial system is the embryonic form of modern procuratorial system. In medieval Europe, Britain and France were the cradles of modern procuratorial system. Therefore, it is necessary to understand the procuratorial system of British common law system and French civil law system. 1 164, Henry II promulgated the clarendon Law, which stipulated that the circuit judge of the royal court could choose 12 insiders from local knights and freemen when trying local land disputes, and tell the truth to the court under oath, and the judge could not solve the dispute until 12 insiders confirmed it. The law of 1 166 further stipulates that 12 squires are selected from every 100 cities in the county to prosecute crimes. 1 194, Charles I promulgated the Charter of the Circuit Court, which stipulated this accusation as the rule of the circuit trial. Thus, the system that the grand jury is responsible for prosecution was established. 1275, King Edward I of England of England promulgated the Westminster Act, which affirmed the achievements of Henry II's judicial reform, fixed the jury system and clearly stipulated that the jury system must be implemented in criminal cases. 1352, King Edward II of the Plantagenet Dynasty of England issued an imperial edict to further reform the separation of prosecution and trial, and set up a jury composed of 12 people to participate in the trial of the facts of the case. In Britain, the title of Attorney General first appeared in 146 1, which originated from the position of king's agent and royal senior lawyer in the Middle Ages. 15 15 set up the deputy attorney general to form the British procuratorial system. With the global colonial expansion of the British Empire from18 to19 century, its procuratorial system also spread to Malaysia, Ireland, Panama, Sri Lanka, Australia, Canada, Pakistan, the United States, Colombia and other countries and regions, and was inherited after these countries or regions got rid of colonial rule and became independent, forming the procuratorial system of the Anglo-American legal system.
The development model of procuratorial system in Anglo-American legal system is centered on the value orientation of giving priority to the protection of individual rights and restricting judicial power by civil rights. Its basic characteristics are as follows: first, the legal status of procuratorial organs is equal to that of citizens' rights when exercising their functions and powers, and their litigation status is dominated by the principle of equality of litigants; Second, the right of prosecution of procuratorial organs is greatly restricted, but its discretion of non-prosecution is great, which gives prosecutors full power to realize "plea bargaining" with the parties; Third, the organizational system and specialization of procuratorial organs are relatively loose, and a unified procuratorial organ was not established in Britain until 1986. /kloc-in the 3rd century, Louis IX carried out judicial reform in France, and put the judicial power of the grand lords under the jurisdiction of the king's court. Any lawsuit involving fines and confiscation of property as royal income is not allowed to be brought by private prosecution, but by the king's agent, who is given the power to supervise local officials. Since 13 century, French local lords have used "prosecutors" to accuse criminals in order to safeguard their tax interests. 1355 65438+On February 28th, the king issued a royal decree, giving prosecutors the responsibility of public prosecution, which is independent of any private prosecution. This special prosecutor's office was called the procuratorate at the beginning of14th century. 1808 felony trial code gives procuratorial organs the power to prosecute, thus establishing a national procuratorial system. 18110 The Criterion for Serious Crimes, which came into effect, inherited the provisions of the Criterion on 1808, and formed a pattern of three major functions: pre-trial (investigation), prosecution and trial. Influenced by France, Germany, Finland, Italy, Russia and some countries in the former French colonies, while inheriting the tradition of the civil law system, have also adopted or chosen the French procuratorial system, forming the procuratorial system of the civil law system.
The purpose of establishing procuratorial system in civil law system is to abolish the investigation system in litigation at that time and establish the principle of separation of three powers in litigation; The second is to create an objective and fair prosecutor's office with strict legal training and legal constraints, so as to control the activities of the police and get rid of the nightmare of the police state; The third is to protect the law, so that the objective legal will runs through the whole criminal procedure. Therefore, its development model is centered on the value orientation of the supremacy of state power. Its basic characteristics are: first, the actual status of the procuratorial organ is higher than that of the parties, and it has the obligation to protect social order and punish crimes; Second, the procuratorial organs have extensive powers in investigation and public prosecution, but lack the discretion of non-prosecution; Third, the organizational system of procuratorial organs and the management system of prosecutors are relatively strict. As pointed out by western scholars, "striving to train prosecutors who carry out activities objectively and fairly into the core of litigation activities" is one of the main achievements of the development of European criminal proceedings in a more just and humane direction over the past century and a half. 19 17 the October socialist revolution in Russia, located in the eastern European plain and Siberia in northern Asia, created a brand-new socialist legal system, including a new procuratorial system. The basic characteristics of the Soviet procuratorial system are: first, on the basis of retaining the right of public prosecution, the procuratorial organs are given general supervision power, that is, to supervise whether the documents issued by all state organs and their staff, social organizations and citizens are legal or not; The second is to establish the independent position of procuratorial organs in the national political structure, form its own system externally, and implement highly unified vertical leadership internally. The whole procuratorial organ is directly subordinate to the highest organ of state power.
In ancient China (Mainland China), there was a special censorial supervision system since the slavery era of Shang and Zhou Dynasties. Especially after the Qin Dynasty, the vertically independent censor system has been playing an important role in supervision and assessment, supervision and selection, and correction of impeached officials. Because this system was established to maintain the rule of feudal monarchs in past dynasties and played a top-down supervisory role, historians viewed it from the perspective of a broad procuratorial system, that is, a legal supervision system, and regarded it as a procuratorial system in ancient China. But the procuratorial system in the modern sense was introduced from Japan in the late Qing Dynasty. 1906 The Qing government promulgated the Law on Trial of Dali Court, which stipulated the procuratorial system for the first time according to the practice of civil law system.
The procuratorial system of new China was created on the basis of the procuratorial system in the new democratic revolutionary base area, drawing lessons from the procuratorial system of the former Soviet Union and combining the national conditions of China. 1949 The Organic Law of the Central People's Government of the People's Republic of China, adopted at the first plenary session of the China People's Political Consultative Conference on September 27th, clearly stipulates the establishment of a state procuratorial organ.
China's procuratorial system is a socialist procuratorial system, which has many common characteristics with that of the former Soviet Union, but China's procuratorial system has its own particularity. This particularity is mainly manifested in three aspects: first, the ideological basis of the establishment of the procuratorial system is the people's democratic view of the country, so it pays more attention to the centralization and democratization of political power construction; Second, the legal supervision of procuratorial organs is mainly the supervision of specific cases by means of litigation, not the supervision in a general sense. Procuratorial organs exercise their functions and powers as legal supervision activities on behalf of the state. This nature is consistent with the spirit of the rule of law embodied in the proposition that civil law countries emphasize the objective obligation of prosecutors.