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由于目前对我国检察侦查权的性质认定存在很大争议,有的认为是行政权性质,有的认为是法律监督性质。通过对法律监督的概念和我国检察侦查权内容的分析之后,本文认为我国检察侦查权从法律设置初衷和法理基础上说都具有法律监督性质,与公安机关的侦查权有着明显的差异。
At present, there is much controversy about the nature of the procuratorial and investigative powers in China. Some people think that the nature of the administrative power is the nature of the administration, and some think it is the nature of legal supervision. Through the analysis of the concept of legal supervision and the content of procuratorial investigation right in our country, this paper argues that the prosecutorial investigation right in our country has the legal supervision nature on the basis of the original intention of law and the legal principle, and has obvious differences with the public security organ’s investigation right.