论我国检察机关刑事审判监督权与公诉权之有限分立

The Limited Separation between Procuratorate's Criminal Justice Supervision Right and Public Prosecution Right

检察机关在刑事审判阶段发挥着重要的作用,这种作用体现在两个方面,即支持完成公诉和实施刑事审判监督,检察机关兼行刑事审判监督权和公诉权(此处的公诉权仅指庭审中支持完成公诉的权力,或可称其为狭义的公诉权)。这两种权力是否能够并存一直是困扰理论界和实务界的问题,确有必要对检察机关刑事审判监督权与公诉权进行详细的剖析,并对今后检察机关刑事审判监督权与公诉权的重构提出建议性的对策。

During the criminal trial, the procuratorate plays an important role, which is summarized in two aspects, namely to support the implementation of the completion of prosecution and criminal justice supervision. During the trial it has supervision right and public prosecution right （here the right refers only to the completion of the trial in support of public prosecution, or we can call it the narrow prosecution right）. For some time, the issue that whether the two rights can co-exist has been a problem to the theory and practice. This article tries to give a detailed analysis to the two rights mid come up with the limit discrete of the two rights. What＇ s more, to the reconstruct of the two rights, this article gives a constructive suggestion.