在收缩与扩张之间——试论检察院的重构

我国现行检察权是法律监督权、职务犯罪侦查权、公诉权的权力组合,检察权的定位论争不已,运行弊端丛生.笔者认为,根据权力分立的法治原理及诉讼职能等程序原理,对检察院进行机构调整和权力重新配置成立专司法律监督的新检察院、专司职务犯罪侦查的监察院和专司一般刑事案件之公诉与民行公益诉讼的控诉院.只有不断改革,才能更加规范、合理,符合法治原则.

Between Contraction and Expansion--Discussing Reconstruction of the Procurator

The present examination power in our country is the combination of the legal supervisory authority,the duty crime detection power,the prosecutorial authority,the localization of examination power is in debate and lead to much malpractice.I think,the prosecutorial office must be reconstructed according to the separately set authority procedure principle and government by law principle as well as lawsuit function: to set new prosecutorial office taking charge of the legal surveillance,to set examination office specially taking charge of the duty crime detection, and to set a special suit office taking charge of the general appeal and public welfare lawsuit.Only with the unceasing reform,it can be normal,reasonable,and conforms to the principle of rule by law.