法治国家关于“法律监督”的一般概念是不存在的,但将“法律监督”作为检察机关性质的宪法定位也绝非某人的一时灵感冲动、异想天开,更非对于某国宪政体制的援引照搬。1诚然,将检察机关定位为公诉机关、追诉机关在西方法治国家属于基本正确的判断,但在中国却是不准确的。2其实问题在于,中国现行宪法中关于检察机关是国家法律监督机关的定位,是否意味着检察机关具有 The general concept of “legal supervision” in a country ruled by law does not exist. However, the constitutional positioning of “legal supervision ” as the nature of procuratorial organs is by no means an inspirational impulse of one’s own. It is more whimsical than the constitutional system of one country Citing. 1 It is true that the procuratorial organs as prosecutorial organs, prosecutors in Western countries under the rule of law are basically correct judgments, but in China it is not accurate. 2 In fact, the problem lies in whether the current position of the procuratorial organ in China’s current constitution as the supervisory organ of state law means that the procuratorial organ has