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从法哲学的意义上分析检察权的正当根据,从而比较分析我国与英国检察权的性质,启发当下的司法改革。以英国控诉权的历史演变为切入点,从历史文化视域下管窥英国检警关系的特色以及文化生成机制。独立又合作的英国检警关系有着种种针对其本土特色的优势,将我国与英国的检警关系作一详细的对比分析,从而窥探出我国检警关系设置的优劣利弊。应赋予我国的检察机关更多的起诉自由裁量权,保障其经费、人员等机构设置的独立性,设置检察机关指导警察机关进行合法侦查的规范制度,以期裨益于当前的司法改革。
From the perspective of jurisprudence, the author analyzes the justification basis of procuratorial power, so as to analyze the nature of prosecutorial power in China and Britain and inspire the present judicial reform. Taking the historical evolvement of the right of complaint in the United Kingdom as an entry point, we can see from the perspective of history and culture the characteristics of the relationship between prosecutor and police in Britain and the mechanism of cultural production. Independent and co-operative police inspector-defense relationship in the United Kingdom has its own advantages for its own local characteristics. A detailed comparative analysis of the relationship between the prosecutors and police in China and that of the United Kingdom reveals the pros and cons of setting up the relationship between the prosecutors and police in our country. Procuratorial organs in our country should be given more prosecutors discretionary power to guarantee the independence of their funds, personnel and other institutions, and to set the normative system for the prosecutorial agencies to guide the police to carry out legal investigations in the interests of the current judicial reform.