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在《法律篇》一书中,通过对监察官(也有译“检察官”或者“审查官”的)制度的设计,柏拉图阐述了其主要的监督权思想,内容包括古代雅典国家监察官的遴选、监察官的职权、对监察官的监督、监察官的荣誉待遇。柏拉图的监督权思想是建立在分权制衡的政体之上,它启示我们,监督权与民主制、君主制并不矛盾,该思想强调监督权是独立于行政权及其他国家权力的一种专司监督的权力,监督权的本质就是对职务犯罪或者职务不当行为的查处权,按照这种思想,我国检察机关对职务犯罪的查处则是监督权的应有之义。同时,柏拉图认为可以通过审判监督、民众监督和制度设置对监督权自身进行监督。
In “The Laws,” Plato elaborates on his primary supervisory power by designing the system of Ombudsman (also translated as “Prosecutor” or “Examiner”), including the ancient Athenian state Selection of Ombudsman, Ombudsman’s powers, Ombudsman’s supervision, Ombudsman’s honor treatment. Plato’s supervisory power is based on a system of checks and balances, which instruct us that there is no contradiction between supervisory power and democracy and monarchy. The idea emphasizes that supervisory power is a type of power independent of the executive power and other state powers According to this kind of thinking, the investigation and punishment of duty crimes by the procuratorial organs of our country is the proper meaning of the right to supervise the supervision power of the department and the essence of supervisory power is the right of investigation and punishment of the duty crime or the job misconduct. At the same time, Plato believes that the power of supervision can be supervised by trial supervision, public supervision and system setting.