L’ufficio del Pubblico Ministero (Procura popolare) nella Repubblica Popolare Cinese e i problemi di integrazione con le Commissioni statali di supervisione

The Public Prosecutor’s Office (People’s Procuratorate) in the People’s Republic of China and integration problems with the state supervisory commissions

Abstract

The constitutional and legislative position of the magistrates of the public prosecutor in the Chinese legal system is that typical of socialist systems, albeit with some peculiar characteristics, such as the fact that they are designated by the elective assemblies of the corresponding level, not  instead in cascade starting from the top public prosecutor’s office. Furthermore, the people’s prosecutors do not perform ombudsman functions, as was the case in the former Soviet Union. The public prosecutors carry out important supervisory and control functions, which also concerned the profile of the possible introduction in the People’s Republic of China of the (diffuse) control of constitutionality. A problematic aspect is represented by the coordination of the functions of the public prosecutors with those, equally of control and (possible) sanction, exercised by the state supervisory commissions as well as by the party disciplinary commission.