我国检察机关是合格的法律监督主体

在司法改革中,我国检察机关的法律监督主体资格受到较多的质疑。本文回应了这些观点。首先,检察机关法律监督主体身份的获得,符合法治精神,并不构成检察院对法院的凌驾、检察官对法官的高居;其次,由公诉机关做专门的法律监督主体,是最具合理性和现实性的选择;最后,检察机关不在法律监督之外,而在权力制约的“互联网”中。因此,我国的检察机关是合格的法律监督主体。

Chinese Procuratorial Organs are the Principal Part of the Qualified Legal Supervision

In the reform of the legality, the qualification of the principal parts of Chinese procuratorial organs have been oppugned. This paper presents a defense against the oppugning points. First of all, its acquisition of the identification as the main legal supervision accord with the spirit of national nomocracy, and the procuratorial organs do not overtop the juridical organs. Secondly, the legal supervision body consists of the public prosecution institution, which fits to the reality. And final point is that the procuratorial organs are also supervised by both the law and the "internet" power.Therefore Chinese procuratorial organs are the principal legal supervision part of the qualified legal supervision.