近一个时期以来,在我国的司法体制改革中,由于受到法治现代化即法治英美化思潮的影响,一些学者对我国刑事审判法律监督制度存在的合理性提出了种种质疑。持这些观点学者认为,在对抗式庭审方式确立后,出庭检察官既要承担控诉方的诉讼义务,同时又具有法律监督者的身份,检察机关作为法律监督者对刑事审判的监督与其同时作为公诉机关的地位是相互冲突的、互相矛盾的;检察机关监督法院审判工作,实际上使检察权凌驾于审判权之上,法院受检察机关的监督,法官就缺乏权威,裁判也不能具有终局性。本文拟在探讨我国刑事审判法律监督基本特征和价值取向的基础上,对质疑刑事审判法律监督正当性的观点作出积极的回应。 In recent years, some scholars questioned the rationality of the legal supervision system of criminal trial in our country due to the modernization of the rule of law, that is, the popular trend of law and rule of law in the judicial system reform in our country. Scholars holding these views believe that after the establishment of adversarial trial, the prosecutors should not only bear the prosecution’s litigation obligations, but also have the legal supervisor identity, the prosecutor as a legal supervisor on the supervision of criminal trials at the same time as a prosecutor The status of the organs is conflicting and mutually contradictory. Procuratorial organs supervising the work of the courts of trial will in fact lead the procuratorial power over the judicial power. The courts, under the supervision of the procuratorial organs, lack the authority of the judges and the adjudication can not be final. Based on the discussion of the basic characteristics and value orientation of the legal supervision of criminal trial in our country, this article attempts to respond positively to the question of the validity of the legal supervision of criminal trial.