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各国检察机构的设置均与本国特定的历史传统、诉讼文化及现实条件相适应。近年来各国检察制度改革的趋势表现为检察官的独立性增强,检察机关在行使职务时更多地体现了公益代表人的性质,且一般法律监督权得到确认。在我国,检察权兼具司法权、行政权的特征,行使法律监督的职能,同时它又具有独立价值。检察权的性质决定了在民事审判领域,民事检察监督必须凭借法定程序的保障加以完善,而就公益案件提起民事诉讼也是检察权性质的必然要求。
The establishment of procuratorial agencies in various countries is compatible with their own specific historical traditions, litigation culture and realistic conditions. In recent years, the tendency of procuratorate reform in various countries shows that the procuratorate’s independence is enhanced. When procuratorial organs exercise their functions, they more often reflect the nature of public representatives and the general legal supervision power is confirmed. In our country, prosecutorial power combines the characteristics of judicial power and administrative power with the function of legal supervision, and at the same time, it has independent value. The nature of procuratorial power decides that in the field of civil trial, the procuratorial supervision of the civil affairs must be perfected with the guarantee of the legal procedures. However, the civil lawsuit about public interest cases is also the inevitable requirement of the procuratorial power.