略论中国检察权

中国检察权的产生不仅借鉴了国外的检察制度 ,而且深深根植于中国固有的法制文化。中国检察权是以法律监督为主要职责的一种特定权力 ,这个定位是与宪法的规定和国家的政治体制分不开的 ,是从司法实践中逐步创立的。与国外任何一种类型的检察制度相比较 ,无论在内容上还是在形式上 ,都更加符合中国的实际情况。但是 ,中国的检察权在实践运用中也确实存在许多问题 ,需要加以改革和完善。

Brief Account of Chinese Prosecutorial Power

As a kind of state power, the prosecutorial power is one of the important components of modern judicial system. The Chinese prosecutorial power, benefited by other countries useful experience in the process of its emergence, is deeply rooted in Chinese legal culture. The power of prosecution of a state, in this author's point of view, should be in consistent with the situation of the country, rather than rigidly adheres to a certain model. The characterization of Chinese prosecutorial power, a special power focusing on legal supervision which is gradually established from judicial practice cannot be separately discussed without mentioning the constitution and the political system of China. Compared with any types of prosecutorial power in other countries, Chinese power of prosecution is undoubtedly tallied with the actual situation in this country. However, the system itself still needs to be reformed and improved for the existing problems in the practical application of the power.