法庭审判中,检察机关兼有起诉和监督两种权力,与诉讼职能区分理论相悖,与法治社会国家权力配置的基本原理相悖、与控辩平等原则相悖,不仅严重破坏了公众对司法公正的信任度,而且成为我国进行一系列法制改革的路障。本文认为应该弱化甚至取消庭审中的监督职能,以制约代替监督。 In the trial of court, the procuratorial organs both prosecuted and supervised both contradict with the distinction theory of litigation function, contrary to the basic principle of state power allocation in law-ruled society and contrary to the principle of equality between accused and defense, which not only seriously damaged the public’s trust in judicial justice However, it has become a roadblock to a series of legal reforms in our country. This article thinks we should weaken or even cancel the supervisory function in trial to restrict the substitution of supervision.