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我国法律规定,检察机关具有法律监督的职能,检察权具有法律监督权的属性,这是权力制衡原则与我国宪法制度相结合的产物,从一定意义上讲是一种中国特色的权力制衡形式。随着检察权的发展变化,出现了一种法律监督权与检察权混为一谈的现象,这种现象的发生使检察机关的权利越来越大,但是对检察机关工作的监督似乎成了法律上与实践中的双重空白。那么,现阶段,本文认为区分检察权与法律监督权,适当限制检察机关的权利,采取合理有效的措施强化法律监督权,是依法治国,建设法治社会过程中的重要问题。
The law of our country stipulates that the procuratorial organ has the function of legal supervision and the procuratorial power has the legal supervisory power. This is the product of combining the principle of checks and balances of power with the constitutional system of our country. In a certain sense, it is a form of power checks and balances with Chinese characteristics. With the development of prosecutorial power, there is a phenomenon that law supervising power and prosecutorial power are confused. The occurrence of this phenomenon makes procuratorial organs more and more powerful. However, the supervision over the procuratorial work seems to be legal and Double blank in practice. So, at this stage, this article holds that it is an important issue in the process of governing the country according to law and building a society ruled by law by distinguishing the procuratorial power from the power of legal supervision, appropriately restricting the procuratorial organs’ rights and adopting reasonable and effective measures to strengthen the legal supervision power.