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检察权是法律监督性质的公权,包含司法权和行政权属性。对检察权应偏重于对司法规律即司法性原则的认识把握,我国宪法法律、检察理论实践决定着检察机关司法机关定位及遵从司法规律运行的客观必然性,在具体检察权运行中均有司法规律和特性的突出表现。本文试图从理论层面进一步确立检察机关的司法机关性质,从实践层面呼吁对检察权行使程序和方式进行司法化改造,从而更好地坚持和完善中国特色检察制度。
Prosecutorial power is the legal power of the public nature of supervision, including judicial and administrative rights. The prosecutorial power should lay emphasis on grasping the understanding of the judicial law, that is, the judicial principle. The practice of our country’s constitutional law and prosecutorial procuratorial theory determines the objective inevitability of the judicial organs of the procuratorial organs and their operation according to the law of the judiciary. Both of them have judicial laws And outstanding performance characteristics. This paper attempts to further establish the nature of the judiciary of procuratorial organs from a theoretical perspective, and calls for the judicial reform of procedures and methods for exercising procuratorial power from a practical perspective, so as to better uphold and improve the procuratorial system with Chinese characteristics.