一、问题的提出自刑诉法修改以来 ,学术界关于检察机关公诉职能与法律监督职能关系的论争就一直没有停止过。以检察官该不该起立 ［１］ 为肇始 ,人们从法、检冲突的司法现实入手对检察机关一身兼有公诉权与法律监督权提出了种种非难。通过对中西方检察制度的比较 ,有学者进而 I. Issues raised Since the revision of the Criminal Procedure Law, the controversy over the relationship between the public prosecutorial functions and legal supervision functions has never ceased. With prosecutors should not stand [1] as the beginning, people from the judicial review of the judicial reality of the prosecution of both prosecutors a right to prosecution and legal supervision put forward all sorts of difficulties. Through the comparison of procuratorial system between China and the West, some scholars further