检察权性质的法理分析-法学理论专业论文.docxVIP

AbstractThe Abstract The nature of the procuratorial power makes itself different from the other powers of the nation．Therefore it is necessary and significant to define the nature of the procuratorial power．The nature of the procuratorial power can be analyzed based on the structure of the state system which c锄be also named as the structure of constitutional government．It call be positioned from its power characteristics and means ofpracticing,which helps US understand the nature ofthe procuratorial power in an overall way and set up a proper theoretical base for the construction of the procuratorial system．By means of analysing,refering to the current situation in oBr country,the author develops her discussion on the positioning for the nature of the procutorial power from the following aspects． The thesis iS divided into three main sections：introduction，conclusion,and main body． The main body consists offour parts．The first part gives a general introduction to the theory about the nature of the procuratorial power．A brief statement about the definition,content and nature of the procutorial power,and the difference between administrative power and judicial power provides a theoretical prerequisite for the following parts． The second part，through the analyses of the nature of the procuratorial power of the Angle-American law system countries，the continental law system countries and the Soviet Union,concludes that Anglo·American procutorial power,though it belongs to administrative power by nature，is different from administrative organs because it has the characteristics of judicial power．The nature of procuratorial power of the continental law system countries is a kind of special administrative power with more obvious characteristics of the judicial power．The ease in Soviet Union is the same with that in our country． The third part,starting with an analyses of the development and theories of the procuratorial system in our country,defines the nature of the procu