论文部分内容阅读
探索检察制度的发展可知,检察机关是为了代表国家君主与国家政府利益而控诉犯罪建立起来的。也就是说,设立检察官制度的最初目的就是为了行使公诉权,检察机关也正是应国家公诉的需要而产生发展的。目前,不同国家和地区的刑事诉讼法都明确具体的规定了检察官行使公诉权的程序、方式,规定其在司法实践中尽职尽责地扮演着国家公诉机关的角色。反观我国的情况,中国古代没有检察制度,清代时也是学习日本而间接学习了德国的制度,并且当年照抄了苏联的法律监督制度,致使我国现行的检察制度偏离了原本定位上的目的。但是,可以说将检察机关作为国家的公诉机关,是现行奉行法治的国家中检察机关的基本定位。
To explore the development of the procuratorial system shows that the procuratorial organs have been established to represent crimes in the interest of the national monarch and the government of the country. In other words, the initial purpose of setting up the procurator system is to exercise the power of public prosecution. Procuratorial organs also evolve precisely according to the need of national public prosecutions. At present, the criminal procedural law in different countries and regions clearly and specifically stipulates the procedures and methods for procurators to exercise their right of public prosecution, stipulating that they should dutifully play the role of national public prosecutor in judicial practice. On the other hand, in our country, there was no procuratorial system in ancient China. During the Qing Dynasty, however, it also learned the Japanese indirectly while learning the German system. In the same year, it copied the legal supervision system of the Soviet Union, so that the current procuratorial system in our country deviated from its original purpose. However, it can be said that procuratorial organs as the state public prosecutorial organs are the basic orientation of the procuratorial organs in the countries where the current rule of law is practiced.