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检察权是我国法治体系的重要组成部分,是独立于立法、司法、行政权的第四项权力——法律监督权,是对审判权的一种良性监督制约。然而,我国学界历来对检察权的理解存在争议,这也就造成了对检察权的解读和反思存在差异。作为检察权的重要内容,公诉权和抗诉权在司法实践中存在界定不明的情形。我国的立法对公诉权作出了相应规定,但是规定不明确,而对抗诉权却没有做明晰规定。在明晰公诉权、强调抗诉权的理念指引之下,实现对检察权的反思与重构,不仅是我国法律体系与时俱进的客观要求,也是实现司法公正、促进法治完善的客观必然。基于抗诉权为核心的分析,有助于对我国检察权的反思与重构路向的思考,对真正实现依法治国、体现公平公正均具有着重要的启示意义。
Prosecutorial power is an important part of the rule of law system in our country. It is the fourth power independent of the legislative, judicial, and administrative powers - the right to legal supervision. It is a benign supervision and restriction on judicial power. However, the academic circle in our country has always been controversial about the understanding of procuratorial power, which has caused the discrepancies in the interpretation and reflection of the prosecutorial power. As an important content of prosecutorial power, there is a problem of unclear definition in judicial practice between prosecutorial right and protest right. Our country’s legislation has made the corresponding stipulation to the public prosecution right, but the regulation is not definite, but the right of confrontation has not made clear stipulation. To clarify the right of public prosecution and to emphasize the concept of right to protest, to realize the review and reconstruction of procuratorial power is not only an objective requirement of advancing the legal system in our country, but also an objective inevitability of realizing judicial justice and promoting the perfection of the rule of law. Based on the analysis of resistance rights as the core, it is helpful to reflect on the procuratorial power in our country and to reconstruct the road. It has important implications for the real realization of governing the country by law and fairness and fairness.