检察机关“扩权”视野下检察权之保障

On the Guarantee of Prosecutorial Power from the Perspective of “Power Expansion” in Prosecutorial Organs

权力设置应当遵循受制约与受保障之原则,失去监督之权力必然导致腐败,缺乏保障之权力必然遭遇架空。权力运行过程中总会受到一定的干扰,因此权力设置应当配备一定的保障机制,使得权力享有者有足够的能力排除不当之干预。我国宪法规定检察院是法律监督机关,但由于缺乏足够的运行保障机制,使得检察权独立运行受制于众多因素,导致检察监督未能取得预期的效果。在当前司法公信力成为社会关注焦点之际,有必要正确认识检察权运行保障机制存在的突出问题,完善检察权运作的保障机制,强化检察监督的实效。

Power allocation shall adhere to the principle of being restricted and guaranteed.Lack of supervision will definitely lead to corruption and lack of guarantee will surely result in invalid power.In the process of power operation,power will certainly meet with certain kind of interference.Therefore,power allocation shall provide certain kind of guarantee mechanism to ensure power holders to get rid of improper interference.The Constitution in China prescribes that procuratorate is the supervision organ of law.However,due to lack of sufficient guarantee mechanism,prosecutorial power is affected by many factors in the process of its operation,which leads to the poor effect of its supervision power.Therefore,it is great importance to perfect the guarantee mechanism of prosecutorial power and strengthen the efficacy of its supervision power.