台湾地区检察官制度面临的几个问题

检警关系、检法关系、内部体制等问题是当前我国台湾地区检察官制度所面临的基本问题.检警关系中,检察官有权无能;检法关系中,检察官很难适应强制处分权的丧失,对法院并无实质的监督;内部体制上,一体化办案与检察独立的矛盾突出,泛政治化的影响造成了检察官独立办案的危机.因此,法律必须明确检察官的制度功能,实现检察官法律保护人的职能.

Several Problems Facing Prosecutor System of Taiwan District

Primary problems that face the prosecutor system of Taiwan district are the prosecutor-police relation,the prosecutor-judge relation and interior system.With regard to the relation between prosecutor and police,the former has the authority while no competence;in the relation of prosecution and trial,it is difficult for the prosecutor to accommodate to the situation without substantial supervision to the court because of the disenablement of compulsory power to dispose;and the conflict between integration and independence exists within the interior system,and pan-politicization results in a crisis of procuratorial independence.Therefore,the law should prescribe the function of prosecutor to actualize the prosecutor's role as law keeper.