辛亥革命造成中國劇烈的社會變革，也影響國家建設的制度設計，本文從法制面及實務面探討，論述辛亥百年後的檢察官，在行使職權時，如何兼顧被害人及被追訴人雙方之人權。文中先介紹孫中山先生有關保障人權的法治思想，其次從保障人權思潮之緣由及其與檢察制度形成歷史之關聯切入，論述檢察職能與人權保障之競合關係，再分析兩岸檢察官就有關保障被追訴人之人權的體現情形，以及改進之道。本文認為，檢察制度創設之初，並非如現今社會所認知係為「摘奸發伏，打擊犯罪」而來，毋寧是為了節制法官及警察兩種國家權力侵害人民權利而設置，從孕育之初，檢察官制度即帶有保障人權之濃厚色彩。兩岸檢察官在行使職權時，應善盡客觀性義務，建立保障被追訴人權利之意識，以求法的貫徹與實現。

Chinese Revolution Caused Dramatic Social Changes Also Affect the Design of the System of Nation-Building, the Paper Surface and from the Practical Side of the Legal System, the Prosecutor Discussed Xinhai Hundred Years Later, in the Exercise of His Powers, How to Balance Both the Victims and the Prosecution of People's Human Rights. This Paper First Introduces Sun Yat-sen thought the Rule of Law on the Protection of Human Rights, Followed by Thoughts of Reason from the Protection of Human Rights and the Prosecution System and the Formation History of the
Associated Cut, Discusses the Prosecutorial Functions of Competing with the Relationship between the Protection of Human Rights, and then Analyze the two Sides on Security Prosecutor Was Prosecution of the Person Reflects the Situation of Human Rights, and Improvement. This Paper
Argues that the Creation of the Beginning of the Prosecution System is not Perceived as Modern Social System as a “Pick-volt Hair Rape, Fight against Crime” from, rather Judges and Police to Control two Kinds of State Power against the Rights of the People and Settings, from the
Beginning of Birth the Prosecutor of Human Rights Protection System that is Rich with Color.Prosecutors in the Exercise of his Powers Both Sides Should Fulfill the Obligation of Objectivity,the Establishment of Security Awareness Prosecution of Human Rights, in Order to Implement the
Law and Implementation.