Legal supervision is a landmark concept that has emerged in the contemporary Chinese consti-tutional system and practice.The concept of legal supervision with Chinese characteristics has gradually matured after undergoing a process from the establishment of the general supervision concept,to the neg-lect and even cancellation of general supervision,and then to the return of the general supervision con-cept.To comprehensively grasp the concept of legal supervision in the theory and practice of the rule of law in China,it is necessary to start from the supervision system constructed by the Constitution,clarify the relationship between legal supervision and other forms of supervision in the Constitution,the rela-tionship between legal supervision and prosecutorial power,as well as the relationship between legal su-pervision and the principles of procuratorial integration and independent exercise of prosecutorial power.Unlike other types of supervision explicitly or implicitly stated in the Constitution,legal supervision by the people's procuratorates covers only legality,focusing on procedural means and emphasizing the com-bination of supervision methods and case handling.Legal supervision is the essential attribute of prosec-utorial power,which refers to the legal supervision power exercised by procuratorial organs.The Consti-tution stipulates both the principle of procuratorial integration and the principle of the independent exer-cise of prosecutorial power,and there is tension between the two,but both must develop in a direction that is conducive to carrying out legal supervision.
legal supervisionprocuratorial powergeneral supervisionprocuratorial integrationin-dependent exercise of procuratorial power
NETL
NSTL
万方数据
维普
