On Rational Expansions Of Legal Supervision From Public Prosecution Perspective

Since the change in criminal procedure law, the dispute about the relation betweenthe public litigation function and the litigation supervision function of procuratorialorgans in academia has never stopped. On account of the reality of judicial andprocuratorial conflict, people put forward criticize to the current situation thatprocuratorial organs exercise both public prosecution and litigation supervision powers.Under the circumstances that for prosecution department exercise of litigationsupervision power is very controversial theoretically, this text,from the perspective oftheory and practice,not only demonstrates the relationship of the two and the actualityvalue of the compatibility, but also discusses the development of litigation supervision,then further persuade the realization of reasonable development by updating the conceptof supervision, building supervision mechanism and concrete supervision methods. Thefull text is discussed from the four following aspects:The first part demonstrates the property of legal supervision in prosecution functionclarifies the relationship between prosecution function and legal supervision, analyses thecompatibility value of criminal prosecution and legal supervision to probe in thereasonable localization of legal supervision from the perspective of public prosecution.The second part analyses the value goal of legal supervision and the activities ofpublic prosecution, the realistic difficulties prosecution department encounters in theactivities of legal supervision, so as to elaborate the certainty to develop legal supervisionin the activities of public prosecution.The third part puts forward the principles of restrictive development and legitimatedevelopment to emphasize how to rationally grasp the development of legal supervisionin public prosecution.The forth part based on the previous three parts, puts forward reasonable suggestions and a way of thinking in the practice of public prosecution to achieve thedevelopment of legal supervision, just from the aspects of updating supervision concept,building supervision mechanism, perfecting supervision methods.