监督的双向性与检察机关的法律监督职能

On the Relationship Between Restriction and Supervision

监督也可有双向性。监督的双向性理论解答了谁监督监督者的法律难题,指出检察机关自己监督自己存在法律谬论。为避免监督的双向性,应将检察机关的职权分为两大块,一块是追诉权,另一块是法律监督权。检察机关的法律监督权应从刑事诉讼系统中独立出来隶归人大,建立专项监督体系。

This thesis conducts a comparative study of the relationship between restriction and supervision, and points out that supervision can also be in double way. There are three -way powerful restriction and supervision in the system, and the double -way weak restriction and supervision outside the system. It also answers the difficult legal question of who is in supervision of the supervisors, and analyzes the legal fallacy of one supervises himself. At last the thesis states that it is necessary to put an end to the double - wayness of supervision and establish special legal supervising system.