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检察官制度创立正是本着防范滥权的根本原则。检察官具有客观公正的职能,这一制度的目的是为了建立起防范滥权的司法制度。检察官制度产生之后,便快速地传播到世界各地。虽然各国的检查制度各具特色,但是却具有类似的目标。我国现行的检察制度和德国大相径庭,学习了英美法系的一些制度,并且具有社会主义国家的特色。总之,一个制度好与不好大多要由实践来证明。目前检察官发挥其职能时存在一些问题,检察官人事财政权归属等现象,检察官法的法律规定过于原则化等,都说明了有必要检讨目前的检察制度。文章是在对中国现行检察官制度反思基础上,提出应对法律监督权进行完善,从而真正发挥检察官的功能。
Prosecutor system is founded on the fundamental principle of preventing abuse of power. The public prosecutor has an objective and impartial function. The purpose of this system is to establish a judicial system to prevent abuse of power. After the system of prosecutors emerged, it quickly spread to all parts of the world. Although each country’s inspection system has its own characteristics, it has similar objectives. The current procuratorial system in our country is very different from Germany in that it has studied some systems of Anglo-American legal systems and has the characteristics of a socialist country. In short, a system is mostly good and bad to prove by practice. At present, prosecutors have some problems in their functions, such as procuratorate personnel financial ownership, procuratorial law and other provisions of the law is too principled, it shows the need to review the current prosecutorial system. The article is based on the current system of Chinese prosecutors on the basis of reflection, proposed to improve the legal supervision right, so as to truly play the functions of prosecutors.