检察机关法律监督权的论争

Controversy on the Legal Supervision Power of the Procuratorial Organ

应将法律监督作广义和狭义的划分,不宜将检察机关的法律监督笼统地称为法律监督,甚至简单等同起来;而检察机关的法律监督应定义为:人民检察院依据法律授权,按照法定程序,采用诉讼手段及其他手段,对执法、司法和守法活动实施的,具有法律效力的,程序性的检察以及督促纠正违法的专门性国家活动;检察机关法律监督与其它法律监督相区别的两个本质特征是程序性和权威性;检察改革应紧密结合中国国情,坚持中国检察机关的法律监督机关地位和带有司法性和行政性特征的法律监督权性质。

Legal supervision shall have broad and narrow sense, and the procuratorial legal supervision should not be generally intituled or regarded as legal supervision. The definition of the procuratorial legal supervision should be： specific State act which has legal force and procedural nature implemented by the People＇s Procuratorate using litigation and other means according to the law and legal procedure for prosecuting, supervising and urging illegal act concerning judicature and executive and compliance with the law. Two essential attributions of the procuratorial legal supervision are procedural and authoritative. The procuratorial reform shall follow the situation of China and confirm that the procuratorial organ is the organ of legal supervision and its legal supervision power has the nature of both judicature and administrative.