论检察权的性质

The Nature of Prosecutorial Power

自新中国建立检察制度以来,检察权的属性之争便从未停止,主要有行政权说、司法权说、双重属性说还有法律监督权说等等。然而结合中国国情以及司法实践和宪政体制,我国检察权应当只有公诉权的性质,检察机关的职权也应当根据其性质重新配置。

Since the procuratorial system was set up in new China,the attribute of prosecutorial power struggle has never stopped. It mainly includes administrative power,judicial power,double attribute,legal supervision,and so on. However,according to the constitutional system,combined with China＇s national conditions and judicial practice,our country should only have the nature of the right of public prosecution,and authority of procuratorial organ should also be reconfigured.