在清末至北洋军阀时期,检察权在经历君主立宪和民主共和立宪两大宪政模式时,司法党化因缺乏制度生长空间而成为未竞之举。国民革命军兴以来,历史进入了以党权的行使为标志的党治施行期。对司法领域而言,就是实行司法党化。检察权在党治政治背景下的制度构设与司法运行,为区分不同宪政体制下检察权的权力配置功能,提供了可资借鉴的路径指向。 During the period from the late Qing Dynasty to the Northern Warlords, when the procuratorial power experienced two constitutional modes of constitutional monarchy and democratic constitutional constitutionalism, the judicial party became an unscrupulous move because of the lack of institutional growth space. Since the rejuvenation of the National Revolution, history has entered a period of party rule marked by the exercise of party power. In the judicial field, it is to implement judicial party. The system structure and judicial operation of prosecutorial power under the political background of party governance provide the guiding points for distinguishing the powers of procuratorial power under different constitutional systems.