论检察权与审判权的关系

On the Relationship between Procuratorial Power and Trial Power

将检察权性质定位于法律监督权已基本成为学界主流的观点,但学界和司法实务界对于法律监督的含义还存在一些误解,需要进一步阐明。法律监督机关是我国宪法对检察机关的政治定位,检察权的宪法定性和检察机关的宪法定位是两个紧密相联而又不完全一致的问题,解决检察机关的宪法地位上存在的问题,必须处理好检察权与审判权的关系。审判监督应当进一步加强,监督方式包括与诉讼相关的监督和与诉讼无关的行为的监督,审判独立和检察监督两大原则之间存在矛盾和冲突,实现二者的关系协调既要保证审判独立性和权威性,又要实现检察监督的法定性和实效性。

To define the nature of procuratorial power as the legal supervision rights has become the main idea of academic circles.But there are still some misunderstandings on legal supervision in the academic circles and judicial practical circles,so more explanations are needed on it.Our national constitution has defined the procuratorial organs as the legal surveillance institution.The constitutional qualification of procuratorial power is closely related to the constitutional characterization of the procuratorial organs,but they are not the same.To solve the problem of the procuratorial organs＇ constitutional position,the relationship between procuratorial power and trial power must be well dealt with.The trial supervision should strenghthend which include the supervision related to the lawsuit and the supervision related not to the lawsuit.Because there are contradictions and conflicts between the two main principles of trial independence and procuratorial supervision,so the way to harmonize their relationship is not only to maintain the trial independence and its authority but also to keep the procuratorial supervision＇s legalization and efficiency.