论澳门检察机关的检察权

澳门刑事诉讼制度因脱胎于葡萄牙的法律制度 ,深受大陆法系影响 ,形成了特有的检察制度。其检察权的行使遵循职权、正当性、“检察一体化”、预审法官介入侦查权的行使、公诉权的监督行使、检察权整体行使、法律监督等方面的原则。刑事预审制度的存在 ,构成了对检察权的分割、限制和约束。

On Prosecutorial Power of prosecutorial organization in Macao

The system of criminal procedure in Macao was born out off Portugal's legal system and was deeply influenced by continental genealogy of law, so it formed special prosecutorial system which is different from mainland of China. Existence of criminal pretrial system has carved up, limited and restrained prosecutorial power .Conflict in structure of action has great influence on exercise and application of right of public prosecution. The installation of system and disposition of power which have both rationality and conflicts is the feature of Macao's prosecutorial system, deeply analysis of its connotation and research on its value and possibility of reference will have some inspiration and influence on the reform of Mainland's prosecutorial system.