中国检察权及其权力配置

中华人民共和国检察权产生于上世纪中叶,是社会主义制度一项重要的宪政成果.前苏联的检察制度、西方国家的检察制度和中国传统的检察制度,共同成为了中国检察制度的经验材料和制度参照.在人民代表大会制度基础上的"一府两院"制政权结构模式下,法律监督权是中国检察权的基本属性和制度特征.检察权的配置应当在宏观和微观两个方面展开:在宏观方面,以监督行政行为和法院审判为基本理念,强调逻辑理性和制度理性;在微观方面,以监督诉讼为主要内容,关注监督的现实需要和操作需求.

On the Procuratorial Power and Its Disposition

In 1950's,the procuratorial powers of the People's Republic of China was born as one of the important constitutional results of China.The former soviet system of procuratorate,the western system of procuratorate and the ancient system of procuratorate of china were all become the basic reference frame that the People's Republic of China established the system of procuratorate.On the pattern of people's government,people's court and people's procuratorate on the basis of people's congress,it is a base feature that the procuratorial powers have supervisory authority of law.The procuratorial powers of the People's Republic of China must dispose between macrocosm and microcosm.On macrocosm,we must give emphasis to super- vising administrative conducts and judicial conducts,and pay attention to logic.On microcosm,we must give emphasis to super- vising lawsuit,and pay attention to objective reality.