论文部分内容阅读
一、检察机关的产生和发展对于中国而言,检察制度是从西方移植而来的舶来品,检察制度和检察机关是新型司法制度的一部分。中国是一个有着数千年政法传统的国度,集权是其最大的特征之一。仅就审判而言,在中国传统审判制度存续的数千年中负责断案的官员,特别是基层官员始终集侦查、公诉、裁判诸种权力于一身,既无分权的理念,现实运作中更无分权、对抗的制度设计。
I. The Birth and Development of Prosecutions For China, the procuratorial system is a foreign product that has been transplanted from the West. The procuratorial system and the procuratorial organs are part of the new judicial system. China is a country with thousands of years of political traditions. Centralization of power is one of its greatest features. As far as the trial is concerned, in the thousands of years of the existence of the traditional system of trial in China, the officials responsible for the disarmament, especially grassroots officials, have always put together the powers of investigation, prosecution and adjudication. They have neither the concept of separation of powers nor the reality of operation System Design for Decentralization and Confrontation.