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文章对检察权的司法属性与监督属性之间的关系进行了论证,认为检察权监督属性以司法属性为前提与依托。检察权主要通过侦查监督程序制约侦查权,检察权主要通过诉讼程序制约审判权、行政权。检察权与侦查权、审判权相互制约以及检察权与行政权相互制约,实现权力制衡。最后对检察权自身的监督制约机制进行探讨,检察权自身的监督以权力监督为主,以权利监督为辅。
The article demonstrates the relationship between the judicial attribute and the supervisory attribute of prosecutorial power, and holds that the supervisory attribute of procuratorial power is based on the judicial attribute and relies on it. The prosecutorial power mainly restricts the power of investigation through investigation and supervision procedures. The procuratorial power mainly restricts judicial power and administrative power through litigation procedures. The procuratorial power and the investigative power, the judicial power mutual restraint and the procuratorial power and the administrative power mutual restraint, realizes the power checks and balances. At last, the supervision and restriction mechanism of procuratorial power is discussed. The supervision of procuratorial power itself is dominated by power supervision, supplemented by the supervision of right.