法律监督与刑事公诉的关系,不是前者包含后者;公诉权,与职务犯罪侦查权、批准逮捕权等具体检察权能,并非由法律监督权衍生而来,而是基于国家追诉主义的控方立场所固有的传统司法职能体现;法律监督权与公诉权分属不同层面,是审视司法活动的全过程的司法监察性权力。 The relationship between legal supervision and criminal prosecution is not that the former includes the latter. The prosecutorial powers such as prosecutorial power, investigative power of duty crime and approval of arresting power are not derived from legal supervisory power but based on the prosecution of state prosecution The traditional judicial functions are reflected. The power of legal supervision and public prosecution belong to different levels, which is the judicial supervision of the whole process of judicial activities.