司法改革必须遵循司法活动的规律,而司法权的合理配置又是司法改革的核心内容。因此,如何遵循司法规律科学合理地配置司法权,就成为理论界和实务界关注的热点和难点问题。中国检察制度是中国特色社会主义制度的重要组成部分,本刊一直对此保持高度的关注,并在《法学研究》栏目和专题笔谈中给予了大量的篇幅。本刊先后推出了“民事行政检察制度改革笔谈”、“逮捕的证据与程序问题笔谈”等,分别对民事行政检察、侦查监督等问题加以探讨,以更好地以学术之力审时度势促进法制进程。刑事公诉是刑事诉讼程序从立案侦查转化为刑事审判的重要诉讼活动,在刑事诉讼中发挥着重要的功能。提起公诉意味着国家正式宣布启动追诉犯罪的程序,并通过随后的程序作出影响被告人财产、自由乃至生命的裁判。同时,司法权的合理配置是司法改革的核心内容,作为司法行动的重要组成部分,公诉权的合理配置和完善既是司法改革和发展的重要课题,也是司法科学化、法治化的重要途径之一。本刊编辑部注意到,我国刑事公诉还存在不少问题,这些问题的存在不仅制约着刑事公诉工作自身的发展完善,而且影响到刑事诉讼整体功能的发挥和司法公正的实现。同时,本刊也注意到,随着检察机关公诉权的不断扩张,检察官起诉裁量权的增大,对公诉权进行必要的制约和规范已成理论界和实务界关注的问题。本刊编辑部注意到,我国法学理论和司法实务界不少人士对此问题的看法颇多歧异,为了充分探讨这一问题,本刊编辑部特邀一批专家对此问题进行专题研究,得到了一些对此问题素有研究的学者的比较积极的回应。为了更好地以学术之力审时度势促进司法改革特别是检察改革,本刊编辑部以“刑事公诉改革”为总标题组织笔谈,试图从现代司法的基本规律和特点着手,就我国公诉权配置的相关问题进行探讨。本着百家争鸣的态度,本刊对于受邀专家的来稿,只要符合通常的学术规范,不论其所表达的学术观点如何,均一律照登,所以,本专题所有观点均不代表本刊之立场。 Judicial reform must follow the law of judicial activities, and the rational allocation of judicial power is the core of judicial reform. Therefore, how to follow the laws of justice to allocate the judicial power scientifically and reasonably has become a hot and difficult issue that theorists and practitioners pay close attention to. The procuratorial system in China is an important part of the system of socialism with Chinese characteristics. The magazine has always been highly concerned with this issue and has given a lot of space in the “Law Research” column and topic writing. This issue has successively promulgated “reform of civil administrative procuratorial system”, “arrest of evidence and procedural questions”, respectively, on civil administrative prosecution, investigation and supervision and other issues to be discussed in order to better academic force Evaluate the Situation and Promote the Legal Process. Criminal prosecution is an important litigation activity that criminal procedure transforms from investigation into criminal trial and plays an important role in criminal procedure. Prosecute means that the state officially announces the procedure for initiating the prosecution of crimes and, through subsequent proceedings, judges that affect the accused’s property, liberty and even life. At the same time, the rational allocation of judicial power is the core content of judicial reform. As an important part of judicial action, the reasonable allocation and improvement of public prosecution rights are both important subjects of judicial reform and development, and also one of the important ways of judicial scientific and legalization . Our editorial office noted that there are still many problems in China’s criminal prosecution, the existence of these issues not only restricts the development of criminal prosecution its own perfect, but also affect the overall function of criminal proceedings and the realization of justice. At the same time, we also noticed that along with the procuratorial organs’ continuous expansion of prosecutorial power and the increasing prosecutorial discretion, the necessary restriction and standardization of public prosecution rights have become the concerns of both theorists and practitioners. Our editorial office notes that quite a few people in our jurisprudence theory and judiciary have quite different opinions on this issue. In order to fully explore this issue, our editorial department invited a group of specialists to conduct a special study on this issue and obtain Some of the more positive responses from scholars who have studied this issue. In order to better assess the situation with academic power to promote judicial reform, especially procuratorial reform, the editorial department of this magazine to “criminal prosecutorial reform ” as the general title to organize a written discussion, trying to start from the basic laws and characteristics of modern justice, on the right of public prosecution in China Configuration related issues to be explored. With the attitude of hundred schools of thought contested, our articles for inviting experts are subject to the usual academic norms, regardless of the academic point of view they are expressed. Therefore, all views of this topic do not represent the position of this publication.