法律监督的根据及实践中的问题

Basis of Legal Supervision and the Problems in Practice

法律监督是保障法律公正实施的制度性措施。本文从我国传统文化及现存法文化对执法的影响,以及建设法治社会目标等角度阐述了构建法律监督机制的合理根据,从检察机关的性质及其发展历程,说明检察机关作为法律监督机关的适格性,并从法律监督机制运行角度阐述了当前法律监督制度在实践中所面临的问题。

Legal supervision is a systematic measure ensuring impartial enforcement of the law.This article discusses the reason- ability of the mechanism of legal supervision from the aspects of the influence on the execution of the law by traditional culture and current jurisprudential culture as well as the needs of establishing the society ruling of law.Besides,this article illustrates the appropriateness of procuratorial organ as the legal supervisory organ based on the character and history of procuratorial or- gan.This article also expounds the problems faced by the legal supervision system at present from the aspects of the patterns with which the mechanisms of supervision system operates.