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公诉职能和诉讼监督职能在法律监督属性上具有一致性,都是实现法律监督的必要载体。并且,公诉职能是诉讼监督的核心权能,是诉讼监督得以实现进而履行法律监督职责的主要手段。两者的联系不言而喻,然而关于公诉职能和诉讼监督职能,特别是和诉讼监督中的审判监督能否并存却有诸多争议。一、对公诉职能与诉讼监督职能分离说的回应我国检察机关的法律监督者地位早已在宪法中得到明确,但仍有部分学者认为公诉与监督职能存在角
The function of prosecutorial prosecution and litigation supervision are consistent in the attributes of legal supervision, which are necessary carriers for legal supervision. Moreover, the public prosecutorial function is the core power of litigation supervision, which is the main means by which litigation supervision can be fulfilled and then fulfills the duty of legal supervision. The connection between the two is self-evident, however, there are many controversies about the coexistence of the functions of public prosecution and litigation supervision, especially the supervision of litigation. First, the separation of prosecutorial functions and litigation oversight Responding to the position of the legal supervisor of procuratorial organs in our country has long been clearly defined in the Constitution, but there are still some scholars that the prosecution and oversight functions exist angle