论文部分内容阅读
从法理上构建检察权均衡制约机制,主要有三方面的问题。在法理依据上,构建检察权均衡制约机制方法得当,符合权力均衡的一般法理,并且符合检察权特殊品性,利于其统一行使。在法理要件上,构建检察权均衡制约机制必须注意主体设定、客体选择及关系构造。在法理实践上,构建检察权均衡制约机制必须在各方面实现突破。
Constructing the mechanism of equal control of procuratorial power from the legal principle has three main problems. On the basis of jurisprudence, the method of constructing a balanced control mechanism of procuratorial power is proper and in conformity with the general law of power balance, and in conformity with the special character of procuratorial power, is conducive to its uniform exercise. On the legal essentials, it is necessary to pay attention to the setting of subjects, the choice of objects and the construction of relations in order to construct a balanced control mechanism of procuratorial power. In the practice of jurisprudence, it is imperative to achieve breakthroughs in all aspects in building a balanced regulatory mechanism for procuratorial power.