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浙江省自宣统二年(1910年)十二月成立浙江高等审判检察厅之时,浙江检察开始起步。在进入民国时期直至中华人民共和国成立之前,由于国内处于战乱频繁、政权纷争的剧烈社会变革中,浙江检察的发展同样动荡多变,且出现两种不同检察制度。既有在清末检察制度基础上发展起来的统治政权的检察制度,又有工农民主政权创立的人民检察制度开始萌芽。两者的性质以及在具体借鉴依据、职权配置和机构设置模式上,有着显著区别。本文就前者进行初步的探索,以求教于方家。
At the time of the founding of Zhejiang Higher Prosecutor’s Office in December of the second year of Xuantong (1910) in Zhejiang Province, Zhejiang procuratorial work started. In the period of entering the Republic of China until the founding of the People’s Republic of China, the development of Zhejiang procuratorial was equally volatile and varied. There were two different prosecutorial systems in the country because of the violent social changes with frequent war conflicts and regime disputes. Both the procuratorial system of the ruling regime developed on the basis of the prosecutorial system in the late Qing Dynasty and the procuratorial system of the people founded by the democratic government of workers and peasants have begun to sprout. The nature of the two, as well as in the specific reference basis, the allocation of authority and institutional settings model, there is a significant difference. This article carries on the preliminary exploration to the former, in order to teach in the Fang family.