论我国检察权的性质和检察制度的改革

理论界关于我国检察权的性质有行政权说、司法权说、行政司法两重性说及法律监督权说四种观点,其各有利弊.我国检察权的性质应当是有中国特色的司法权,其司法性质就体现在侦查权、公诉权、批捕权、法律监督权四项权能的运作特点上.要进行检察制度改革,有必要尽快建立检察机关依法独立行使检察权的可操作性制度;强化检察官的权力和责任;建立检察长和检察委员会领导下的独立检察官制度.

On the Nature of Detection Power and the Reform of Detection System

In the Law Writes, there are four different kinds of theories on the features of procuratorial authority of China, which contain administrative power ,judicial power, twofold power of the above, and legally supervisory power, each having its advantages and disadvantages. The character of procuratrial authority is supposed to be a judicial power with Chinese characteristics, which is embodied by the working features of the investigate powers and functions, public prosecution powers and functions, approval and arrest powers and functions, legal supervision powers and functions. In order to carry out the reform of the procuratorial system, it is necessary for us to establish appliable rules on the procurational organs independently exercising procuratorial authority within the framework of the law as soon as possible, to strengthen the procurators' powers and responsibilities, and to set up the system of independent procurator under the leadership of chief procurator and procuratorial committee.