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我国实际上实行的是人民代表大会制度下行政权、司法权、检察权的“三权分立”。这三项 权能分别由行政机关、审判机关、检察机关实施。其中立法权是其他三项权能的统领，是“ 一切权力属于人民”的体现，但在具体行使上，则又与其他权能互相独立、互相制约。而其 他三项权能则是平行并列、互相独立、互相制衡的。检察权的定位就是法律监督权。
What is actually practiced in our country is the “separation of the three powers” of the executive, judicial and procuratorial powers under the system of the people’s congress. These three powers are respectively implemented by the administrative organs, judicial organs and procuratorial organs. Among them, the legislative power is the command of the other three powers and the embodiment of “all power belongs to the people”, but in the specific exercise, it is independent from and mutually restrained from other powers. The other three powers are parallel side by side, independent of each other, checks and balances. Prosecutorial power of the law is the right to monitor.