从两大诉讼法修改谈检察机关诉讼监督权的立法完善

From the modification of two major procedural laws to talk about the legislative perfection of the litigation supervision rights of the procuratorial organs

修改后的刑事诉讼法和民事诉讼法全面强化了检察机关的诉讼监督权,使检察权能的配置更加符合科学、合理、规范的要求。但结合当前检察工作实践,检察机关在刑事立案监督、侦查监督、刑事和民事审判监督、刑罚执行监督等方面仍存在一些需立法层面解决的问题。因此,有必要对各项监督权力加以进一步完善,使其更好地发挥促进司法公正、强化人权保障,推进检察制度发展和完善的作用。

The revised Code of Criminal Procedure and the Code of Civil Procedure comprehensively strengthened the htigation supervision rights of the prosecution organs, so that the configuration of the procuratorial power can meet the scientific, rational and standardized requirements. But with the procuratorial practice, there are still a num- ber of the legislative problems to be solved in the supervisions of criminal cases, inves- tigations, criminal and civil trials and exe- cution of punishment. Therefore, it is nec- essary to further improve the various su- pervisory powers to better play to promote the judicial justice and strengthen the pro- tection of human rights, and to promote the development and improvement of the procuratorial system.