列宁的法律监督思想与中国检察制度

列宁从苏联法制的现实和国家政体的建构上,提出了建立统一的检察机关来履行法律监督的职能。中国检察制度的选择与建构中,既对列宁的法律监督思想及其指导下的苏联检察制度进行借鉴,又根据中国国情进行了本土化,并在制度和思想上进行了发展。正确认识列宁的法律监督思想,要区分清楚其具有的普遍性和局限性,从而指导中国的检察体制改革。

Lenin's Thinking on Legal Supervision and China's Prosecution System

Lenin raised his thinking that a unified prosecution office played the role of legal supervision. The thinking came from Lenin's view on Soviet Union's reality and the on the state apparatus construction. Our choosing and constructing of China's prosecution system have both made some references to the Soviet Union's and localized in accordance with China' s conditions, developments have been made as well in terms of theory and institution. Understanding correctly Lenin' s thinking on legal supervision, distinguishing its generality and limits are a guidance to the reform of China's prosecution system.