论法律监督与控、辩、审关系

A study on the Relationship between the Legal Supervision and Prosecution, Defense and Adjudication

设置公诉权的目的主要是对侦查权、审判权进行制约,公诉权的诸权能均具有法律监督属性,公诉权的追诉功能与审判监督功能既不对立也不可分割。审判程序中的法律监督并未限制被告人行使诉讼权利,而且这种监督权辩方实际上均对等地享有。检察机关对审判活动的监督只是同级机关之间的程序性的监督纠错权,是否确认错误和如何纠错的实体性决定权仍在法院。因此,我国并不存在"控方的诉讼地位远远高于辩方"和"在法院之上再设立一个超越审判权的监督机关"的问题。

The purpose to set up public prosecution power is to restrict the investigation and adjudication power. All the functions of the public prosecution power have a character of legal supervision. Public prosecution power is an organic combine of prosecution and legal supervision. The prosecutors＇ supervision in the court does not infringe the defendants＇ procedural right. In fact, the defense also have the supervision right equally. The prosecution service＇s supervision on the activities of the court in the same level is only a power to start the mistake - correcting procedure, however, the substantive power to make the final decision of whether to admit the mistake or not and how to make remedies belongs to the court. Therefore, the problem that the prosecution＇s status is much higher than that of the defense and the legal supervision power of the prosecution service interferes with the independence of judicial power do not exist in China.