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检察权性质的“法律监督权说”建立在把国家权力划分成立法权、行政权、司法权和法律监督权这四种权力的前提之上。但按照科学划分国家权力的要求,所谓法律监督权,不必要也不可能成为与传统三权平行并列、相对独立的权力类型。“法律监督权说”的第二个理由是“政治体制不同,对国家权力的划分也就不同”。但权力划分不等于权力配置。只能说政治体制不同,对国家权力的配置就不同,而权力划分本身,没有姓“资”姓“社”之别。主张三权划分并非主张三权分立。综上,“法律监督权说”不成立。
The nature of the prosecutorial power is that “the power of legal supervision” is based on the premise of dividing the state power into four powers: the legislative power, the executive power, the judicial power and the legal power of supervision. However, in accordance with the requirements of dividing the state power by science, the so-called legal supervisory power is neither necessary nor possible to become a type of power that is parallel and relatively independent with the traditional three powers. The second reason for “the power of legal supervision” is that “the political system is different and the division of state power is different.” However, the division of power is not equal to the allocation of power. Can only say that the political system is different, the allocation of state power is different, and the division of power itself, no surname “capital ” surname “social ” difference. Advocating the division of the three powers is not advocating the separation of powers. In summary, “Legal Supervision said ” is not established.