检察官相对独立论

法学界一般认为,"人民检察院依照法律规定独立行使检察权"中的"独立"是指检察院作为整体的独立,而非检察官独立.但实际上,检察官相对独立具有检察制度内在的必然性和现实的必要性:它是检察院整体独立的基础,是"检察一体"的前提和防止"检察一体"弊端的重要措施,是检察官法律地位、活动原则、司法规律和深化司法体制改革的必然要求.检察官相对独立是依法独立,是党的领导、人大监督和"检察一体"下的独立,是"独立"与"受制"的有机统一.

On the Relative Independence of Procurators

It is generally held in Chinese law circle that the term "independently" in the provision "the people''s procuratorates shall exercise procuratorial power independently" refers to independence of the people''s procuratorate as a whole, rather than the independence of procurators. But in fact, the relative independence of procurators is an intrinsic and realistic characteristic of the procuratorial system, the basis of the independence of procuratorates as a whole, a prerequisite to the "procuratorial integration", an important measure to prevent the abuses of the "procuratorial integration", and an inevitable demand of the legal status of prosecutors, of the principles and judicial rules on prosecutors'' activities, as well as of the deepening the reform of the judicial system. The relative independence of procurators is the independence in accordance with law, the independence under the leadership of the Party, under the supervision of people''s congresses and under the "procuratorial integration", and therefore is the organic unity of "independence" and "restriction".