Comparative Legal Analysis of the Prosecution Service Situation in the Russian Federation and the People’s Republic of China

Abstract

The paper is devoted to the study of the system of prosecution services in the People’s Republic of China, the Soviet Union and the Russian Federation. The place of the prosecutor’s office in the mechanism of separation of powers, the principles of its activities, etc. are determined. Particular attention is paid to the study of the relationship between the prosecutor’s office and the courts. The authors conclude that the PRC has retained the Soviet model of prosecutorial bodies, in which the prosecutor’s office combines two functions: control over the judiciary and support of public prosecution.

The methodological basis of the study is formed by formal-legal and comparative-legal methods, as well as systematic approach and logical analysis. The source base were the works of domestic and foreign scholars on the relevant subject.

The conclusion is that the PRC prosecutor’s offices are not part of any of the branches of state power of the PRC, since the PRC is inherent in the principle of democratic centralism with the unity of state power. In countries with democratic legal regime the prosecutorial bodies are independent, unaccountable to the local authorities and are not included in any of the branches of state power, while in states with non-democratic legal regime the prosecutor’s offices are independent, unaccountable to the local authorities and are not included in any of the branches of state power.