检察机关职权调整的宪法审视与思考

Constitutional Review and Reflection on the Adjustment of Procuratorial Organs’ Functions and Powers

检察机关的宪法定位由两方面构成,一是宪法地位,二是功能定位,检察机关宪法地位的重点依据在《宪法》第3条第3款和第136条中有所体现,其功能地位依据主要存在于《宪法》的第134条。检察机关对于法律监督方面承担着重大的责任,要求检察机关务必完成应尽的义务。从广义来看,“法律监督机关”指的是维护法律秩序稳定及法制完善的国家机关,而现阶段仅仅有一个法律监督机关,即检察机关。检察机关职权的调整与宪法息息相关,宪法对其起着一定的规范作用,检察机关在调整职权的道路上也需要以立法为中心。检察机关监督的范围是所有国家机关,无论任何一个国家机关出现违法法律或宪法的行为,检察机关均严肃处理。目前检察领域的发展日新月异,在我国相关领域发挥着至关重要的作用,但是对检察机关职权调整的宪法问题的研究尚少,基于此,本文围绕检察机关职权调整的宪法审视与思考展开相应研究,为检察领域提供一定的参考。

The constitutional positioning of the procuratorial organs is composed of two aspects: one is the constitutional status;the other is the functional positioning. The key basis of the constitutional status of the procuratorial organs is reflected in Article 3, Paragraph 3, and Article 136 of the Con-stitution. The basis of its functional status is mainly in Article 134 of the Constitution. The procu-ratorial organs assume great responsibility for the supervision of laws and require the procurato-rial organs to fulfill their due obligations. In a broad sense, “legal supervision organ” refers to the state organ that maintains the stability of the legal order and the perfection of the legal system. At present, there is only one legal supervision organ, namely the procuratorial organ. The adjustment of the procuratorial organ’s functions and powers is closely related to the Constitution, which plays a certain normative role for it, and the procuratorial organ should take the legislation as the center in the adjustment of its functions and powers. The scope of supervision by the procuratorial organs is that of all state organs. No matter any state organ violates the law or the constitution, the procuratorial organs will deal with it seriously. At present, the procuratorial field is developing with each new day and playing a vital role in the relevant fields of our country. However, there are few researches on the constitutional issue of the adjustment of the procuratorial organ's functions and powers. Based on this, this paper conducts corresponding researches centering on the constitutional review and thinking of the adjustment of the procuratorial organ's functions and powers, so as to provide some references for the procuratorial field.