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我国的检察机关作为法律监督机关,长期享有对部分刑事案件的侦查权,主要是对职务犯罪案件的侦查。因此,社会上或者理论界议论,对于公安机关侦查的案件,可以由检察院进行法律监督,但是对于检察院的自侦案件,则长期缺乏必要的制度性限制。所以,有的专家学者和理论界提出应该将此项权力从检察院剥离开,改由其他机关来实施。但是,笔者认为由检察机关行使是最为恰当的。
As a legal supervision organ, the procuratorial organs in our country enjoy the power of investigating some criminal cases for a long period of time, mainly for the investigation of duty criminal cases. Therefore, social or theoretical discussions can be supervised by the procuratorate for cases investigated by the public security organ, but for the self-detection cases of the procuratorate, there is a long absence of the necessary institutional restrictions. Therefore, some experts and scholars and theorists have proposed that this power should be removed from the procuratorate and changed to be implemented by other organs. However, I think it is most appropriate for the prosecutor to exercise it.