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最近,有些文章在论及我国司法体制改革时,提出与检察权有关的一些问题。择其要者,一是认为检察权是行政权,不是司法权,把检察权与审判权并立,不合司法行政分立的现代法治本意。二是认为检察权是追诉权,检察官提起公诉,处于原告地位,又赋予其法律监督权,使控辩失...
Recently, some articles have raised some issues related to procuratorial power when it comes to the reform of our judicial system. The first one is that the prosecutorial power is the executive power, not the judicial power, and the prosecutorial power and the judicial power are both independent and incompatible with the original intention of the modern legal principle of judicial administrative division. The second is that procuratorial power is the right of prosecution, prosecutors prosecuted, in the plaintiff status, but also give it the right to legal supervision, so that the defendant ...