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近年来,国内外有关检察权的理论研究成果颇丰,不少研究成果提出了有价值的意见和建议,但就我国检察权的性质而言,截至目前,学术界和实务界对检察权的性质还远未达成共识。从法律文本来看,导致检察权产生争议的原因主要是检察机关的宪法定位与宪政地位之间的差异所致。检察机关的宪法定位是一国检察制度的逻辑起点;检察权的性质决定了该国检察制度的根本价值取向。研究检察权配置问题,必须在坚持人民代表大会制度前提下进行:既要关注权力制约与监督的理论逻辑和制度逻辑,也要关注权力需要合作及有所作为的社会现实。只有如此才能科学而理性地配置与构建具有中国特色的检察制度和检察权运行机制。
In recent years, the theoretical research on procuratorial power at home and abroad has yielded rich theoretical results and many research results have put forward valuable opinions and suggestions. However, as far as the nature of procuratorial power in our country is concerned, as of now, the academic and practical circles’ Nature is far from reaching a consensus. Judging from the legal text, the main reason leading to the controversy over procuratorial power is the difference between the constitutional and constitutional status of procuratorial organs. The constitutional orientation of procuratorial organs is the logical starting point of procuratorial system in a country. The nature of prosecutorial power determines the fundamental value orientation of procuratorial system in that country. To study the allocation of procuratorial power must be carried out on the premise of adhering to the system of the people’s congress: we must pay attention to both the theoretical logic and the system logic of power restriction and supervision, as well as the social reality that power needs cooperation and accomplishments. Only in this way can we rationally and rationally allocate and construct the procuratorial system with Chinese characteristics and the operation mechanism of procuratorial power.