After the reform of the supervisory system, with the transfer of the power to investigate crimes in office and related personnel, the functional positioning of the procuratorial organs has become an urgent issue to be clarified. Throughout the history of China′s procuratorial system, it is easy to find that the procuratorial organs in the exercise of legal supervision functions in the three different stages of special application, inclined application and softened application. The reason for this, or from a special period of social control needs, or from China′s long-standing inertia of thinking that emphasizes criminality over the people. The reform provides an excellent opportunity for the procuratorial authorities to return to their main task. In accordance with the principle of constitutionality, the procuratorial authorities should focus on their legal supervision functions: on the one hand, they should continue to strengthen the two existing legal supervision methods of making recommendations and filing protests; on the other hand, they should also expand new business areas such as investigative supervision, public interest litigation, and corporate compliance, returning to the original constitutional positioning of their functions. |