清末变法以来,中国检察权的近代化过程极其艰难,又很不彻底。其中的参酌取舍,充满了西方影响、法族意识(legal families)、皇权因素、知识阶层力量等的较量。时代在变迁,问题在变化。根据现代法治视角,中国近代检察权具有诸多缺陷和不足,但是,在当时社会和法律背景下,其意义是具体而不容抹杀的。对于当前中国转型社会下的检察权改革仍有一定启示,如发挥诉讼文化的指导功能、合理调整诉讼构造、促进检察官客观义务并完善检察内部体制等。 Since the reform in the late Qing Dynasty, the modernization of procuratorial power in China has been extremely difficult and incomplete. The choice of reference is full of the influence of the West, legal families, imperial power and the power of intellectuals. Times are changing, problems are changing. According to the modern rule of law, the prosecutorial power in modern China has many defects and shortcomings. However, under the current social and legal background, its significance is specific and can not be denied. There is still some enlightenment on the reform of prosecutorial power in the transitional Chinese society, such as giving play to the guiding function of litigation culture, reasonably adjusting the structure of litigation, promoting the procurator’s objective obligations and improving the internal procuratorial system.