论依法独立行使检察权

以检察属性的多维性作为研究进路,阐述了检察权的多维个性,即:国家性和社会性,权能构成的异质同构性,行为个性的主动性、客观性、法律性、事后性和程序性,权力位阶上的宪法性等权力属性.并以此为视角,运用国家与社会、权力与权利关系等作为研究范式,论证了检察权独立行使的五大合理性和正当性要素.同时,还就检察独立的中西方构成要素进行了比较分析,检讨了中国检察独立的三大缺失.

On Independent Exertion the Procuratorial Power in Accordance with Law

With the multidimensional attribute of the procuratorial power as access to the research,multiple natures of the procuratorial power was discussed including national and social attribute,isomorphic structure of power,initiative,objective,le- gal,subsequent and procedural features of action,and constitutional attribute of the hierarchy of power.From aspect of the dis- cussion above,five elements of rationality and legitimacy of independent exertion of the procuratorial power was demonstrated employing the relations between the state and society,and the power and right as the pattern of study,and at the same time three disadvantages of the procuratorial independence of China based upon a comparative analysis to the constitutive elements of the procuratorial independence of the occidental system and that of China.