Constrained Power Expansion: China’s Procuratorial Reforms within and beyond Criminal Justice

Abstract

This article employs the ecological theory of “boundary work and exchange” to elucidate the latest reforms in China’s procuratorial system, delineating the expanding remits of the procuratorates both within and beyond their traditional domain of criminal justice. Following the national supervision system pilot reform in 2016, which stripped the procuratorial bodies of their authority to investigate official crimes, China’s procuratorates have endeavored to expand their jurisdictions in areas such as criminal, civil, administrative, and public interest litigation. By examining how China’s procuratorates leverage their respective institutional advantages to broaden their functions, we find that they have not only strengthened their role in criminal proceedings but have also continuously expanded their functions beyond criminal litigation. These reforms follow a well-defined trajectory shaped by boundary work and exchange. However, in contrast to boundary work and exchange as usually theorized, which usually starts in ambiguous and elastic areas, China’s procuratorial reforms are notably confined to a fixed sphere. This can be attributed to the procuratorate’s pursuit of state support, which has, in turn, led to its constrained expansion. This enhanced theoretical framework sheds light on the evolving role of China’s procuratorates and underscores the potential significance of ecological theory for understanding broader institutional reforms in China.