司法改革是中国推进法治历程的重大举措,面对第三次司法改革,有很多问题需要解决,对于检察机关的改革是重点也是难点。检察权最根本的权力是公诉权,本文即以公诉权为研究起点,通过对公诉权的探讨,揭示出公诉权本质上是司法权,就此分析公诉权对审判权进行制约和监督的合法性、合理性,指出目前公诉权对审判权进行制约和监督还存在的问题,为完善公诉权对审判权的制约和监督机制提供思路。 Judicial reform is a major measure taken by China to promote the course of the rule of law. In the face of the third judicial reform, many problems need to be solved. Emphasis and difficulty on the reform of procuratorial organs are also the two major problems. Prosecutorial power is the most fundamental power of prosecution, this article that the prosecution as the starting point, through the discussion of public prosecution, revealing that the right of public prosecution is essentially the power of the judiciary, thus analyzing the right of the public prosecution of the jurisdiction of the jurisdiction and supervision of the legitimacy , And points out that there are still some problems that the public prosecution right has to restrict and supervise judicial power at present. This will provide some ideas for improving the restraint and supervision mechanism of public prosecution right.