论现代公诉权的价值构造

"公诉权"在我国被长期认为就是专指"刑事公诉权"。在这一片面认识的束缚下,"公诉权"很难被介入到民事、行政诉讼领域中,客观上阻却了公诉权的生存空间。其实,公诉权也是一种诉权,它除了涵盖刑事公诉权外,还应包括民事公诉权和行政公诉权。现代公诉权的确立,不仅便于我们对各个诉讼制度框架进行整体把握,而且有利于深化和挖掘公诉权理论的新内涵,科学合理地配置公诉权在具体制度中的应用,更好地保护国家和社会公共利益,以维护法制的统一。

On the Value Construction of Modern Public Prosecution

Public prosecution is used to refer specially to criminal public prosecution in our country for a long period of time.Restricted by this unilateral understanding,public prosecution can hardly be applied to the fields of civil and administrative litigation,objectively resisting its living space.Actually,public prosecution is also a kind of litigation,and in addition to covering criminal public prosecution,it should also include civil and administrative public prosecution.The establishment of modern public prosecution not only facilitates grasping various litigation systematic framework as a whole,but also makes it convenient for deepening and excavating new connotation of public prosecution,as well as reasonably deploys the application of public prosecution to specific systems,thus to better protect the interests of the country and society,and maintain the unity of legal system.