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对于我国检察权的权属,目前学界存在几种观点,且都有自己的认识视角。作为国家权力的一种表现形态,检察权的权属定位应当立足于宪法架构。我国的检察权与西方国家“总统制”和“议会制”下检察权在国家权力结构中的地位与性质均不相同。在我国的宪法架构下,检察权具有特定的职权结构和性质,并体现出行政与司法双重属性,但它既不属于行政权,也不属于司法权,而是一种新型的国家权力,可以界定为法律监督权。作为我国履行国家监督职能的检察权,其本质上是一种程序性权力,应该作为一种相对独立的国家权力存在。
As to the ownership of procuratorial power in our country, there are several views in the current academic circles and all have their own perspectives of cognition. As a manifestation of state power, the ownership of prosecutorial power should be based on the constitutional structure. The procuratorial power in our country is different from the prosecutorial powers in Western countries under the “presidential system” and “parliamentary system” in the state power structure. Under the constitutional framework of our country, prosecutorial power has the specific structure and nature of its power of authority, and reflects the dual attributes of administration and judicature. However, it does not belong to the executive power nor to the judicial power. It is a new type of state power that can Defined as the right to legal supervision. As the prosecutorial power of our country to fulfill the state supervisory function, it is essentially a kind of procedural power and should exist as a relatively independent state power.