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“公诉权”在我国被长期认为就是专指“刑事公诉权”。在这一片面认识的束缚下,“公诉权”很难被介入到民事、行政诉讼领域中,客观上阻却了公诉权的生存空间。其实,公诉权也是一种诉权,它除了涵盖刑事公诉权外,还应包括民事公诉权和行政公诉权。因此,刑事、民事和行政三大公诉权的确立既是对传统公诉权理论的传承与借鉴,也是现代公诉权理论的逻辑起点。
“Public Prosecution Right ” is considered to be “Prosecution of Public Prosecutions” in our country for a long time. Under the constraint of this one-sided understanding, “public prosecution rights” can hardly be intervened in the fields of civil and administrative litigation, obstructing objectively the living space of public prosecution rights. In fact, the right to prosecute is also a kind of litigation right, in addition to covering the public prosecution of criminal rights, it should also include civil prosecution and administrative prosecution. Therefore, the establishment of the three public prosecutorial powers of criminal, civil and administrative is not only the inheritance and reference of the traditional theory of public prosecution, but also the logical starting point of modern theory of public prosecution.