论文部分内容阅读
权力设置应当遵循受制约与受保障之原则,失去监督之权力必然导致腐败,缺乏保障之权力必然遭遇架空。权力运行过程中总会受到一定的干扰,因此权力设置应当配备一定的保障机制,使得权力享有者有足够的能力排除不当之干预。我国宪法规定检察院是法律监督机关,但由于缺乏足够的运行保障机制,使得检察权独立运行受制于众多因素,导致检察监督未能取得预期的效果。在当前司法公信力成为社会关注焦点之际,有必要正确认识检察权运行保障机制存在的突出问题,完善检察权运作的保障机制,强化检察监督的实效。
The power setting should follow the principle of being restricted and guaranteed. Losing the power of supervision will inevitably lead to corruption. The lack of security will surely encounter overhead. In the process of running the power, there will always be some interference. Therefore, the power setting should be equipped with a certain guarantee mechanism so that the power-bearer has sufficient ability to exclude improper interference. The procuratorate of our country stipulates that the procuratorate is the legal supervisory organ. However, due to the lack of adequate operational security mechanism, the independent operation of procuratorial power is subject to many factors, which leads to the procuratorial supervision failed to achieve the expected results. At the moment when the judicial credibility becomes the focus of society, it is necessary to correctly understand the outstanding problems existing in the mechanism of safeguarding the procuratorial power, improve the safeguard mechanism for the operation of procuratorial power, and enhance the effectiveness of procuratorial supervision.