The Prosecutor's Offices of the Russian Federation and the People’s Republic of China (a Comparative Legal Analysis)

Abstract

In connection with the close political and economic partnership between Russia and the PRC, the issues of legal regulation of state supervisory bodies of friendly countries are highly relevant, since the implementation of international agreements depends, among other things, on the rule of law provided by the prosecutor's office. This article covers the history and constitutional and legal status of the modern Chinese Prosecutor’s Office. The position of the prosecutor's office in the system of the PRC state mechanism is highlighted. The conditionality of the prosecutor's office to a particular branch of government, as well as the main functions of the Prosecutor’s Office of the People's Republic of China, the status of the prosecutor and the requirements for it are investigated. All of the above aspects are considered through the prism of a comparative legal analysis of prosecutors of the PRC and Russia. The result of the study revealed the identity of the systems of the prosecution authorities of China with the Soviet model of prosecution. However, despite the fact that the modern system of prosecution authorities of China was formed under the influence of the Soviet legal system, in modern conditions there is a significant difference between the systems of prosecutorial oversight of the Russian Federation and the People’s Republic of China in the context of the constitutional legal situation.