探索与争鸣 ›› 2021, Vol. 1 ›› Issue (2): 99-106.

• 学术争鸣 • 上一篇    下一篇

重新定位法律监督:从实体权到法治生态

蒋德海
  

  • 出版日期:2021-02-24 发布日期:2021-02-24

Repositioning Legal Supervision: From Substantive Right to Legal Ecology

  • Online:2021-02-24 Published:2021-02-24

摘要:

法律监督是一种法治生态。法律监督是我国人民检察院的宪法职责,是人民检察院通过行使检察权来实现的某种约束权力的法治生态。从法治生态的视角来理解法律监督,将人民检察院确立为国家法律监督机关,符合宪法的原则和精神,也符合监督约束权力的客观事实,能较好地化解当前检察理论和实践中存在的诸多矛盾。构建法律监督的法治生态既是实施宪法的需要,也是推进国家治理能力和治理体系现代化的需要。人民检察院作为国家的法律监督机关,是这种法治生态实施和推进的力量。

关键词: 法律监督 ,  权力约束 ,  法治生态 ,  刑事追诉

Abstract:

Legal supervision is not power, but a law ecology, just as restriction is not a special power. To understand the legal supervision of the People’s Procuratorate, we must change the concept of substantive right. Legal supervision is the constitutional duty of the People’s Procuratorate in our country. It is the effect of restraining power or the ecology of politics and rule of law realized by the People’s Procuratorate through the exercise of procuratorial power. Understanding the legal supervision from the perspective of the rule of law ecology is in line with the principle and spirit of establishing the People’s Procuratorate as the national legal supervision organ in the constitution, and also in line with the objective fact of restricting and supervising the power, which can better resolve many problems existing in the current procuratorial theory and practice. The construction of legal supervision ecology is not only the need of implementing the constitution, but also the need of promoting the modernization of national governance capacity and governance system. The People’s Procuratorate, as the state’s legal supervision organ, is the force to implement and promote the rule of law ecology.

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