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检察权的科学配置,应围绕国家设置检察权的目标,并结合特定的政治制度和社会背景,以法治和民主为原则,遵循司法规律,同时参照他国检察权发展变化之趋势。随着当代国家行政权和审判权的扩张,为了保证公权力制约和监督的有效性,检察权也应随之扩张。面对转型时期日益高涨的司法需求,在和谐社会和恢复性司法的共同理念下,检察权需要增加相应的具体权能。科学地划分和组合权能,应以检察权制约和监督的对象为标准,兼顾诉讼程序的特点,设置合理的内部机构。
The scientific configuration of prosecutorial power should center on the goal of procuratorial power set by the state, and combine the specific political system and social background with the rule of law and democracy as the principle, follow the law of justice and at the same time refer to the trend of procuratorial power development and change in other countries. With the expansion of the administrative and judicial power in contemporary countries, in order to ensure the effectiveness of the restriction and supervision of public power, the procuratorial power should also be expanded accordingly. Faced with the rising judicial needs during the transitional period, under the common philosophy of a harmonious society and restorative justice, procuratorial power needs to be increased with corresponding specific powers. Scientifically divide and combine power should be based on the object of the prosecutorial power constraints and supervision as the standard, taking into account the characteristics of the litigation process, set up a reasonable internal agency.