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作为检察机关在刑事诉讼中得以正常运作的权力,公诉权既是控诉性权力,又是监督性权力。其中,监督性权力以控诉性权力为依托,控诉性权力以监督性权力为后盾。就公诉权的法律监督性质而言,我们不仅可以从其整体和分解的内容中找到理论根源,也可以在两大法系的国家中发现法律实证,公诉权同时还是检察机关的核心权力,这些都可以为检察机关的法律监督地位及属性找到“元制度”依据。
As the power of procuratorial organs to be able to operate normally in criminal proceedings, the power of public prosecution is both a prosecutorial power and a supervisory power. Among them, the supervisory power is based on the prosecutorial power, and the prosecutorial power is backed by the supervisory power. As far as the nature of legal supervision of public prosecutorial power is concerned, we can find not only the theoretical roots in its entirety and in its decomposition, but also the discovery of legal evidence in the two major legal systems. Public prosecutorial powers are also the core powers of procuratorial organs. Prosecutorial agencies for legal supervision can be found in the status and attributes “yuan system ” basis.