Abstract:
The constitutional positions of procuratorial organs are composed of their constitutional status and functional position. Article 3 in Paragraph 3 and Article 136 of the Constitution are the main basis of the constitutional status of procuratorial organs, and Article 134 is the basis of their functional position. Legal supervision is not the exclusive power of procuratorial organs, but their obligation. As a whole, "legal supervision organs" refer to state organs that are dedicated to maintaining the unity of the legal system and the stability of legal order. Procuratorial organ is the only legal supervision organ at present. The adjustment of the procuratorial organs' functions and powers shall be regulated by the Constitution, legislation is the necessary way for procuratorial organs to adjust their authority, while all state authorities in violation of the Constitution and the law can be the object of supervision of procuratorial organs under the premises of keeping procuratorial organs to the function of legal supervision orientation, not violating the basic principles, and not infringing upon other state organs' inherent powers.