论我国检察权的科学定位

On the Prosecutorial Power of the Scientific Orientation

在检察权定位问题上,学界存在司法行政权说、司法权说、法律监督权说、双重属性说等观点之争,但这些观点均无法准确界定检察权的内涵和外延。在我国,检察权应为独立的法律监督权,其表现形式为司法权,内涵包括对国家工作人员职务犯罪监督权、侦查监督权、审判监督权、执行监督权等。

Along with the deepening of judicial reform, controversy on the positioning of prosecutorial power is growing increasingly, emerging in succession doctrines of Judicial power, executive power, legal supervisal power and double attributes. However, the above views can not accurately define the connotation and extension of prosecutorial power. The author believes that theoretical research must be integrated with the national conditions, that the extension of our nation＇s prosecutorial power is the prosecution＇s legal supervisal power in accordance with the law, which is an independent legal supervisal power in essence, and whose manifestation belongs to judicial power, and that the connotation includes power of a series of legal supervision, such as supervision on duty-related crimes committed by national officials, supervision on investigation, supervision on trial and supervision on implementation.