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随着司法独立原则的确立,公诉权制度也逐渐产生和发展起来,但对于公诉权本身的属性界定存在较大分歧,往往在公诉权与法律监督权之间简单地划上等号,这种认识上的误区在实践中存在的弊端表现得越来越明显。因此,结合对集公诉权与法律监督权于一体的司法实践的考察,在对公诉权与法律监督权的非一致性进行研究的基础上,进一步提出公诉权与法律监督权分而设置的构想,以保证司法公正价值目标的真正实现。
With the establishment of the principle of the independence of the judiciary, the system of public prosecution rights has also gradually emerged and developed. However, there is a big discrepancy between the definition of the attributes of the prosecutorial power itself and the simple equating between the public prosecutorial power and the legal supervisory power. Misunderstandings in practice in the practice of the drawbacks have become more and more obvious. Therefore, based on the investigation of the judicial practice of collecting the public prosecution rights and the legal supervisory power, on the basis of studying the non-consistency of public prosecution rights and legal supervisory power, this paper further proposes the concept of setting the right of public prosecution and the legal supervisory power , In order to ensure the true realization of the objective of justice and fair value.