检察院性质新解

1979年以来，中国检察制度走上了独立发展之路：检察院不再是实行垂直领导制和一般监督制的苏式法律监督机关，而是成长为实行法律监督的中式法律监督机关。相应地，法律监督概念的教义化进程被开启并发展，逐渐获得了法纪监督、侦查监督、监所监督、审判监督、执行监督、民事调解监督等内容。2014年以来，十八届四中全会和六中全会分别提出建立检察机关提起公益诉讼制度和改革国家监察体制，检察制度发生重大变化，法律监督理论体系也被相应调整：法纪监督不复存在，行政公益诉讼监督被纳入其中。由于检察院主要是一个刑事司法机关，所以，未来应重在坚持对刑事诉讼依法进行程度较强的法律监督，对职务犯罪调查依法进行程度适当的监督，形成“双面监督”的格局。
Chinese procuratorial system developed independently since 1979. Procuratorates were not Soviet organs for legal supervision anymore, which adopted the vertical leadership and the general supervision. They have developed into Chinese organs for legal supervision which exercise legal supervision. Meanwhile, the dogmatic process of the concept of legal supervision was started and developed. This concept gradually gets its meaning which includes supervision over enforcement of law and discipline, investigation supervision, criminal execution supervision, trial supervision, civil and administrative execution supervision and civil mediation supervision, etc.In 2014, the fourth Plenary Session of the 18th CPC Central Committee proposed to establish a mechanism for procuratorates to initiate public interest litigation. In 2016, the sixth Plenary Session of the 18th CPC Central Committee proposed to reform the state supervision system.In this background, significant changes occurred in the procuratorial system and legal supervision theoretical system was adjusted accordingly. Supervision over enforcement of law and discipline was abolished and administrative public interest letigation supervision was included. Mainly the procuratorate is a criminal judicial organ, so in the future it should insist on exercising sronger degree legal supervision over criminal proceedings, while exercising modest degree supervision over the investigation on crimes of dereliction of duty, to form the double-side supervision mechanism.