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关于检察权的性质,理论界有行政权、司法权或兼具行政和司法双重属性、法律监督权之争。现代国家权力远比国家形成初期复杂得多,权力所拥有的权能处于不断变化之中,每种权力的属性也会因所处语境不一而呈现出独特的个性。从我国国情来看,将检察权定性为法律监督权更为适宜。
With regard to the nature of prosecutorial power, theorists have administrative power, judicial power or both the administrative and judicial attributes, the legal supervision of the controversy. The power of the modern state is far more complex than the initial formation of the state. The power possessed by the power is constantly changing. Each of the attributes of the power also has a unique personality due to the different contexts. Judging from our country’s situation, it is more appropriate to define the procuratorial power as the power of legal supervision.