检察权性质比较研究

对于我国检察权的性质,长期以来分别有法律监督权说、行政权说、司法权说等等不一而足。比较两大法系国家检察权的性质,从宏观层面上和微观层面上分别对我国检察权的性质进行比较分析,可见我国的检察权具有明显的中国特色,检察权是与行政权和审判权平行并列、具有独立地位和特殊性质的权力。

The Comparative Investigation to the Nature of Prosecutorial Power

The prosecutorial system is one important part of judicial system in china.The prosecutorial power was exercised by prosecutorial organization.There are many theories such as the theory of legal supervision power,executive power and judicial power and so on when we talk about the nature of prosecutorial power.At first this paper compares the nature of prosecutorial power between the two legal systems.Then the nature of Chinese prosecutorial power was analyze separately from the macroscopic aspect of national power system and the microscopic aspect of contents of prosecutorial power.Chinese prosecutorial power is a special power which has Chinese characteristic.Chinese prosecutorial power has its independent position which was parallel with the executive power and the judicial power.