论检察院与廉政公署的殊途同归

On reaching the same goal by different means for the Procuratorate and the Independent Commission Against Corruption (ICAC) ——Thinking triggered by the investigation of Hong Kong Chief Executive Donald Tsang by Independent Commission Against Corruption (

检察院作为我国的公诉机关,法律赋予了其对贪污贿赂等职务犯罪的自行侦查权,但是,在司法实务中,检察院的办案过程往往屡屡受到不当干涉。究其原因是因为缺乏相应的配套制度和工作机制致使检察院无法在办案过程中做到应有的独立性。而廉政公署却以其超然的独立性在香港的法制进程中贡献了举世瞩目的力量,这给了我们检察院某些改革的思考。

As China＇s public prosecution, the procuratorate was given the power of investigation to the corruption, bribery and other crimes by the law, but in the judicial practice, the handling process of the procu- ratorate is often improperly interfered. For the lack of supporting system and working mechanism, the procuratorate can not be independent in the process of handling cases. The Independent Commission A- gainst Corruption （ICAC） with its detached independence contributed to the remark- able power of Hong Kong＇s legal process, which gave the procuratorate some thought of reform.