从实在法角度分析,我国的检察权既不属于行政权,也不等同于法律监督权,而是与行政权、审判权相并列的一种独立的国家权力;检察权是一种复合性的权力,包括法律监督权、公诉权与批准逮捕权;根据我国宪法、法律以及检察权本身的诉讼性质,检察权可与审判权并称为司法权;相对于西方国家将检察机关纳入行政系统的立法例而言,我国检察机关的宪法地位更有利于法治的实现。 From the perspective of the real law, the prosecutorial power of our country neither belongs to the administrative power, nor to the legal supervisory power, but an independent state power that is tied with the executive power and the judicial power. The procuratorial power is a compound power , Including the right of legal supervision, public prosecution and the right of arrest. According to the nature of the litigation of our country’s constitution, law and prosecutorial power, procuratorial power and judicial power are also referred to as judicial power. Compared with western countries, the procuratorial organs are incorporated into the administrative system For example, the constitutional status of our procuratorial organs is more conducive to the realization of the rule of law.