制度内生视角下的中国检察改革

On the China's Procuratorial Reform form the Perspective of Endogenous Institution

检察改革可以有广义和狭义之分。前者指涉及检察的改革,后者指检察机关进行的改革。广义概念涵盖改革实践与相关立法发展,有助于总揽分析改革的历史发展规律与成就。伴随着国家与社会发展,中国检察改革经过六十余年的发展,完成了以制度移植、现代化和中国特色为核心成就的检察制度三阶段发展。检察改革构成了中国检察制度创新发展的重要路径依赖。依推进规律可将其划分为四个发展阶段,其中呈现了以制度建构为核心价值目标的发展逻辑,是中国检察制度内生演化的现实展开。制度内生性经由检察改革实践得以呈现,是检察制度中国特色的客观证成,是中国道路的技术寻证。

There are broad sense and narrow sense about the procuratorial reform in China. The former refers to the reform involving all the procuratorial work, and the latter refers to the reform of the procuratorial organs. The procuratorial reform in broad sense covers the reform practice and related legislation development, which is conductive for the analysis about the historical law of development and achievements. Along with the development of the country and society, China＇s procuratorial reform, with the sixty years development, had finished three-stage development of the procuratorial system with the central achievement of system transplantation, modernization and sinofication. The procuratorial reform became the significance dependence of the innovations of Chinas procuratorial system. It can be divided into four stages according to the promoting rule, and the realistic development of the Chinas procuratorial reforming evolvement presents the developing logic that it takes the system construction as the central value. The endogenous institution was represented by the procuratorial reforming practice, is the subjective justification of the Chinese characteristic of the procuratorial system and the technical searching of the Chinese approach. It is a topic worth deep research that what kind of endogenous institution procedure the procuratorial reform contains and how to follow the regular review of the endogenous institutionand promote the development of the reform.