刑事诉讼视野中检察权的性质及其配置探析

检察权作为检察机关按照法定程序和方式行使的与诉讼活动有关的国家公权力,实际是一种行政权.我国现行检察权的构成必须排除法律监督权而使检察机关仅承担控诉职能.检察权的行使必须纳入控、辩、审的正三角结构中,接受司法权的监督才符合刑事法治和形式理性的要求.

On the Nature and the Configuration of Procuratorial Work in Criminal Suit

Procuratorial work is a national public power concerning the litigation in terms of the legal proceedings exercised by the procuratorial organ. In fact, procuratorial work is a kind of the executive, and that the current procuratorial work must exclude the legal supervision and only assume the indictment function. The executive of procuratorial work must be exercised with indictment, defense and trial combined, and accept the supervision from the jurisdiction, which will adapt the demands of criminal law govern-ance and formal reason.