法律监督是检察权优化配置问题的逻辑起点。检察权通过检察机关所拥有并行使的一系列检察权能得以体现和实现。公诉权、诉讼监督权和检察侦查权属于检察权能结构中的第一层次,公诉权、诉讼监督权、检察侦查权又包含了诸如不起诉权、抗诉权、直接侦查权等属于第二层次的权能,而为了行使上述权能必须拥有的法律手段则属于第三层次的权能结构。优化检察权的配置,实质上就是优化检察机关各个层次的权能结构。优化检察权的权能结构,不仅指充实完善检察权的权能体系,也意味着放弃一些与检察权的法律监督属性并无多大关系的权能与职责。我国检察权的权能结构存在不足,需要通过立法授权,完善检察机关的权能结构,同时也应当放弃一些并不属于检察权内容的职权和职责。事实上,我国法律通过对检察制约和法律监督的规定,已经在刑事诉讼领域建立了以制约和监督为机制,以对警察权和审判权双重控制为特点的控权型检察制度。中国检察制度的本质特点是由检察制约和法律监督所指向,保障宪法和法律完整统一实施而对国家权力的控制。中国检察机关的职权配置应以此为前提。为了充分探讨这一问题,本刊编辑部特邀一批专家对此问题进行专题研究,得到了一些对此问题素有研究的学者的比较积极的回应。为了更好地以学术之力审时度势促进司法改革特别是检察改革,本刊编辑部以“检察权配置的法理研究”为总标题进行专题研究,试图从现代司法的基本规律和特点着手,就我国检察权配置的相关问题进行探讨。本着百家争鸣的态度,本刊对于受邀专家的来稿,只要符合通常的学术规范,不论其所表达的学术观点如何,均一律照登,所以,本专题所有观点均不代表本刊之立场。 Legal supervision is the logical starting point for the optimal allocation of prosecutorial power. The prosecutorial power can be embodied and realized through a series of procuratorial powers owned and exercised by the procuratorial organs. Prosecution, litigation supervision and procuratorial investigation are the first level in procuratorial power structure. Public prosecution, litigation supervision and procuratorial investigation also include such issues as non-prosecution, protest and direct investigation. The legal means that must be possessed in order to exercise these powers belong to the third level of the functional structure. Optimizing the allocation of procuratorial powers essentially means optimizing the power structure of procuratorates at all levels. Optimizing the power structure of procuratorial power not only refers to the power system that substantiates and consummates procuratorial power, but also means to forgo some powers and responsibilities that have little to do with the legal supervision of procuratorial power. The power structure of procuratorial power in our country is not enough. We need to pass the legislative authority to improve the power structure of procuratorial organs. At the same time, we should also give up some of the functions and responsibilities that do not belong to the prosecutorial power. In fact, our law has established a system of prosecutorial control and legal supervision that has established a system of control and supervision as a mechanism and a dual system of control over police power and judicial power. The essential feature of the procuratorial system in China is that prosecutorial constraints and legal supervision point to ensuring the complete and uniform implementation of the Constitution and laws and controlling the state power. China’s procuratorial organs should be based on this premise. In order to fully explore this issue, our editorial department invited a group of experts to conduct a special study on this issue and got some positive responses from scholars who have studied this issue. In order to better assess the situation with academic power to promote judicial reform, especially procuratorial reform, the editorial department of this magazine to “the legal power of procuratorial power configuration” as the general theme of the topic of research, trying to start from the basic laws and characteristics of modern justice, On the configuration of procuratorial power in our country to discuss the related issues. With the attitude of hundred schools of thought contested, our articles for inviting experts are subject to the usual academic norms, regardless of the academic point of view they are expressed. Therefore, all views of this topic do not represent the position of this publication.