现行检察权配置的结构性缺陷及其完善

On Structural Limitation of Current Distribution of the Procuratorial Power and Its Completion

检察权作为一种以程序性监督为内容,以连锁交互的权力组合形式为结构的法律权力,其内在结构的完整性是检察权存在并发挥法律监督效能的前提和基础。现行检察权的配置由于忽视结构性权力的合理构建,造成检察权的结构性脆弱,进而导致检察机关法律监督职能在实践中的弱化。为此,在司法改革中应当注重对检察权结构的充实和完善,根据结构性权力的要求科学配置检察权。

The procuratorial power is a kind of legal power with the procedural supervision as its content and concatenate and interactive form as its structure, the internal integrality of which is the precondition and foundation of the power and the efficiency of legal supervision. Rational construction of the structural power has been ignored in current distribution of the procuratorial power that structural frangibility of the power emerged and resulted in the weakening of the legal provision function of the procuratorial organ in practice. Therefore, in the process of judicial reform the structure of the structure of the procuratorial power should be improved, and the power should be distributed according to the structural conditions.